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Affray
i pleaded guilty to affray how ever denied any intent now I'm going to crown court for a newton hearing.
cut a long story short bar man said some thing to **** me off.. i threw several pint glasses on the floor..1 guy slipped on the broken glass..and need 5 stitches and the other was hit by broken glass...they both add mitt it wasn't aimed at them selves how ever said it was aimed at he bar man which was never touched !!!
it was at first 2xABH & Threats to kill and has been dropped to Affray whats the out come !! i have previous but last conviction was 4 years ago for ABHand affray which was 10 years ago
cut a long story short bar man said some thing to **** me off.. i threw several pint glasses on the floor..1 guy slipped on the broken glass..and need 5 stitches and the other was hit by broken glass...they both add mitt it wasn't aimed at them selves how ever said it was aimed at he bar man which was never touched !!!
it was at first 2xABH & Threats to kill and has been dropped to Affray whats the out come !! i have previous but last conviction was 4 years ago for ABHand affray which was 10 years ago
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Affray is an either way offence, meaning it can be dealt with either at the Crown Court or at the magistrates� court.
Where it is heard and sentenced depends upon the circumstances of the individual offence and in making the decision whether to accept jurisdiction the magistrates (where all cases are heard initially) accept the facts of the offence as presented by the prosecution.
Their guidelines suggest that where the offence involves �...a weapon or throwing objects with conduct causing risk of serious injury� the matter should be committed to the Crown Court, which it seems they have done. You are now going to Crown Court for a Newton hearing because (presumably) although pleading guilty, you are disputing the facts of the offence as presented by the prosecution.
Magistrates� sentencing powers for the offence are limited to six months custody and in committing you to the Crown Court (based on the facts from the prosecution) they believe your offence warrants more than that.
If the Newton hearing goes against you it is therefore likely that a custodial sentence of at least six months will be imposed. Your guilty plea will possibly reduce this, but your previous record of offences involving violence (particularly the ABH four years ago) will not go in your favour.
Where it is heard and sentenced depends upon the circumstances of the individual offence and in making the decision whether to accept jurisdiction the magistrates (where all cases are heard initially) accept the facts of the offence as presented by the prosecution.
Their guidelines suggest that where the offence involves �...a weapon or throwing objects with conduct causing risk of serious injury� the matter should be committed to the Crown Court, which it seems they have done. You are now going to Crown Court for a Newton hearing because (presumably) although pleading guilty, you are disputing the facts of the offence as presented by the prosecution.
Magistrates� sentencing powers for the offence are limited to six months custody and in committing you to the Crown Court (based on the facts from the prosecution) they believe your offence warrants more than that.
If the Newton hearing goes against you it is therefore likely that a custodial sentence of at least six months will be imposed. Your guilty plea will possibly reduce this, but your previous record of offences involving violence (particularly the ABH four years ago) will not go in your favour.
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Hiya wizard.
A newton hearing is held at crown court and is a mini trial.
Whenever an agreement between the defence and the prosecution is made on a basis of plea, it must be signed by both parties. This is then passed to the judge. He/she has sole discretion as to whether it is accepted or disregarded and then uses it as a basis for sentence.
If the judge rejects the agreement then a Newton hearing should be held to determine the proper basis on which sentence is passed.
If the judge forces a Newton hearing which is found in your favour, full credit should still be awarded.
Thanx
A newton hearing is held at crown court and is a mini trial.
Whenever an agreement between the defence and the prosecution is made on a basis of plea, it must be signed by both parties. This is then passed to the judge. He/she has sole discretion as to whether it is accepted or disregarded and then uses it as a basis for sentence.
If the judge rejects the agreement then a Newton hearing should be held to determine the proper basis on which sentence is passed.
If the judge forces a Newton hearing which is found in your favour, full credit should still be awarded.
Thanx
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Newton hearings are also heard in magistrates' courts.
Where a defendant pleads guilty but disputes the facts presented by the prosecution, A newton hearing is held to determine those facts if they would make a material difference to the sentence.
Simple example -speeding.
Defendant pleads guilty to speeding on a motorway but insists he was only doing 80mph. (probable sentence - fine + 3 points).
Prosecution says he was doing 105mph (probable sentence bigger fine + 6 points or a ban).
Newton hearing is held where witnesses give evidence on oath so that magistrates can decide on speed.
Where a defendant pleads guilty but disputes the facts presented by the prosecution, A newton hearing is held to determine those facts if they would make a material difference to the sentence.
Simple example -speeding.
Defendant pleads guilty to speeding on a motorway but insists he was only doing 80mph. (probable sentence - fine + 3 points).
Prosecution says he was doing 105mph (probable sentence bigger fine + 6 points or a ban).
Newton hearing is held where witnesses give evidence on oath so that magistrates can decide on speed.
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Hi i have since had the newton hearing and based on the facts had the intent to hurt the bar man as not guilty ! however because of my actions the Judge did say that the other guys got hurt by my actions, which i never disputed, and i did plead guilty at the earliest opportunity.
What am i looking at now. i must say i have been seeing a councilor since March (1 week after this incident took place ) to address what has happened. i get sentenced in October.
Please advise.
What am i looking at now. i must say i have been seeing a councilor since March (1 week after this incident took place ) to address what has happened. i get sentenced in October.
Please advise.
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