Key Facts
- •Appeal concerning whether a cracked trial fee or a trial fee is due under the Graduated Fee provisions of Schedule 2 to the Criminal Legal Aid (Remuneration) Regulations 2013.
- •The issue hinges on whether a "Newton Hearing" (a fact-finding hearing for sentencing) took place.
- •Defendant pleaded not guilty, served a defence statement, and subsequently entered guilty pleas.
- •A Newton hearing was listed but did not proceed due to lack of court time. At the rescheduled hearing, the defendant withdrew his basis of plea.
- •The Crown did not challenge evidence submitted by the defendant's family regarding pressure and threats, but this evidence was not presented live at the hearing.
- •The judge considered the unchallenged evidence in sentencing but did not make any factual findings based on a dispute.
Legal Principles
Definition of "cracked trial" and "Newton Hearing" as per Schedule 2, paragraph 1 of the Criminal Legal Aid (Remuneration) Regulations 2013.
Criminal Legal Aid (Remuneration) Regulations 2013, Schedule 2, paragraph 1
Principles of R v Newton (1982) 77 Cr App R 13 regarding Newton Hearings (fact-finding hearings for sentencing). Three forms identified: jury decision, judge's decision based on evidence, judge's decision based on submissions.
R v Robert John Newton (1983) 77 Cr. App. R. 13
A concession by the Crown does not constitute a finding by the court.
This case's judgment
For a Newton hearing, a factual dispute must exist for the judge to resolve.
This case's judgment
Outcomes
Appeal dismissed.
No Newton hearing took place because there was no factual dispute for the judge to resolve. The judge's consideration of unchallenged evidence did not constitute a finding of disputed facts.