R v Nikola Baso
The hearing did not involve determination of material disputed facts by the judge, but rather judicial evaluation of submissions; therefore, it was not a Newton hearing and a trial fee is not payable.
- Parties
- Appellant Advocate: Thomas Wainwright; Defendant: Nikola Baso; Prosecution: R
- Jurisdiction
- England and Wales
- Judgment Date
- 23 September 2025
- Procedural Posture
- Criminal Costs Appeal / Appeal Under Regulation 29 of the Criminal Legal Aid (remuneration) Regulations 2013
- Outcome
- appeal dismissed
- Legal Topics
- Newton Hearing, Advocates Graduated Fee Scheme, Sentencing, Basis of Plea, Fee Assessment
Case Brief
Summary, issues, holding and outcome
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Parties
Thomas Wainwright
Appellant Advocate
Nikola Baso
Defendant
R
Prosecution
Procedural Posture
Criminal Costs Appeal / Appeal Under Regulation 29 of the Criminal Legal Aid (remuneration) Regulations 2013
Legal Issues
- 1 Whether the sentencing hearing constituted a Newton hearing for purposes of fee assessment under the Advocates Graduated Fee Scheme
- 2 Whether a trial fee or guilty plea fee should be paid to counsel
Ratio Decidendi
The hearing did not involve determination of material disputed facts by the judge, but rather judicial evaluation of submissions; therefore, it was not a Newton hearing and a trial fee is not payable.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed; the graduated fee assessed as a guilty plea stands.
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