Montaut, R v

Montaut, R v

The failure to hold a Newton Hearing created a real risk of unfairness and may have materially affected the sentence. The sentence should have been suspended in accordance with the Guidelines, given the mitigating factors and the marginal nature of the case.

Parties
Prosecutor: Regina; Appellant: Andre Montaut
Jurisdiction
England and Wales
Judgment Date
12 December 2019
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed; sentence quashed and substituted
Legal Topics
Fraud, Sentencing, Newton Hearing, Suspended Sentence
Criminal Law Fraud Sentencing Newton Hearing Suspended Sentence

Case Brief

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Parties

Regina

Prosecutor

Andre Montaut

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred by not holding a Newton Hearing before making adverse findings of fact against the appellant
  2. 2 Whether the sentence imposed should have been suspended in accordance with the Sentencing Council Guidelines

Ratio Decidendi

The failure to hold a Newton Hearing created a real risk of unfairness and may have materially affected the sentence. The sentence should have been suspended in accordance with the Guidelines, given the mitigating factors and the marginal nature of the case.

Court Disposition

appeal allowed; sentence quashed and substituted

Orders

  • Sentence of 2 years and 1 month imprisonment quashed
  • Substituted with 20 months imprisonment, suspended for 2 years from the date of original sentence