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Sentencing
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My ex has had his sentencing hearing adjourned 3 times so far ..i eventually found out today this is for legal advice ? The court is aware that he has another trial for the same issue that he has just been found guilty of,Breaching a non -molest and abh whilst breaching it .Can anyone please tell me what LEGAL ADVICE the judge maybe looking for ? Many thanks ..i am worn out with the whole thing now :(
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It's possible that your ex's legal team are questioning specific facts which the judge might need to consider when determining the sentence and therefore calling for a 'Newton trial' to examine those facts (with the judge, in turn, seeking advice as to whether such a trial is actually necessary).
For example, someone could be charged with ABH, with the prosecution saying that he launched a premeditated and sustained attack using a weapon. The defendant might say 'Yes, I'm pleading guilty because I did cause actual bodily harm to the victim but it came about from a single blow, without a weapon and which wasn't pre-meditated'.
If the judge were to accept the prosecution's version of events (without any evidence for them being put forward) the defendant would almost certainly receive a lengthy prison sentence for the offence. If he simply accepted the offender's version then he might feel compelled to pass a non-custodial sentence. So, even though there's no doubt about the offender's guilt, a trial still needs to be held to establish the facts upon which sentencing is to be based.
For example, someone could be charged with ABH, with the prosecution saying that he launched a premeditated and sustained attack using a weapon. The defendant might say 'Yes, I'm pleading guilty because I did cause actual bodily harm to the victim but it came about from a single blow, without a weapon and which wasn't pre-meditated'.
If the judge were to accept the prosecution's version of events (without any evidence for them being put forward) the defendant would almost certainly receive a lengthy prison sentence for the offence. If he simply accepted the offender's version then he might feel compelled to pass a non-custodial sentence. So, even though there's no doubt about the offender's guilt, a trial still needs to be held to establish the facts upon which sentencing is to be based.
Thank you very much for your reponse .I am so confused as he has been found guilty of the said offence ,it was a trial also .The judge asked for pre-sentencing reports and set a date for sentencing ...since then it has been adjourned three times !No-one has been in touch to tell me why ,it was the court who told me why today ..she also said that he has another trial coming up and the judge may well leave sentencing until that trial is over ! Is that possible ? The person i spoke to was most understanding and said i must not give up and to keep persuing this ...but am now wondering if he is going to get away with this even though found guilty ! Most shocked ...thank you again !
>>>she also said that he has another trial coming up and the judge may well leave sentencing until that trial is over ! Is that possible ?
Yes. The judge might be of the opinion that he needs to know whether your ex is the type of person who is likely to re-offend before passing sentence. If he's found guilty of a second offence the judge will then probably take the view that he is.
Yes. The judge might be of the opinion that he needs to know whether your ex is the type of person who is likely to re-offend before passing sentence. If he's found guilty of a second offence the judge will then probably take the view that he is.
>>>Will the judge be aware that he breached police bail 5times previous as well as breaching a non molest ?
He'll be aware of whatever the CPS counsel chooses to tell him, which should include the information you refer to. However CPS barristers sometimes get a brief only a few minutes before they're due in court, so they sometimes don't note everything that they should.
He'll be aware of whatever the CPS counsel chooses to tell him, which should include the information you refer to. However CPS barristers sometimes get a brief only a few minutes before they're due in court, so they sometimes don't note everything that they should.
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