Goodyear, R v

Goodyear, R v

The judge was bound by his advance indication that a custodial sentence would not be imposed, as the appellant relied on it in pleading guilty and no new material facts emerged. The suspended sentence of imprisonment was therefore quashed.

Parties
Prosecution: R; Appellant: Karl Goodyear
Jurisdiction
England and Wales
Judgment Date
19 April 2005
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Sentencing, Corruption, Advance Indication of Sentence, Plea Bargaining, Judicial Discretion
Criminal Law Sentencing Corruption Advance Indication of Sentence Plea Bargaining Judicial Discretion

Case Brief

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Parties

R

Prosecution

Karl Goodyear

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the trial judge was bound by his advance indication that a custodial sentence would not be imposed on the appellant.
  2. 2 Whether the Turner rule prohibiting advance indication of sentence should be modified.
  3. 3 Whether the suspended sentence of imprisonment was appropriate given the facts and prior indication.

Ratio Decidendi

The judge was bound by his advance indication that a custodial sentence would not be imposed, as the appellant relied on it in pleading guilty and no new material facts emerged. The suspended sentence of imprisonment was therefore quashed.

Court Disposition

appeal allowed

Orders

  • The suspended sentence of imprisonment is quashed.
  • No substitution of community punishment order or increase in fine.