West, R. v
The judge erred by rejecting the written basis of plea without holding a Newton hearing; the appellant should have been sentenced on the basis of the plea entered.
- Parties
- Prosecution: Regina; Appellant: Paul Ricky West
- Jurisdiction
- England and Wales
- Judgment Date
- 20 March 2007
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal allowed
- Legal Topics
- Sentencing, Conspiracy to Supply Controlled Drugs, Newton Hearing Procedure
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Prosecution
Paul Ricky West
Appellant
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the trial judge erred in rejecting the written basis of plea without holding a Newton hearing
- 2 Appropriate sentencing for conspiracy to supply heroin and cocaine
Ratio Decidendi
The judge erred by rejecting the written basis of plea without holding a Newton hearing; the appellant should have been sentenced on the basis of the plea entered.
Court Disposition
appeal allowed
Orders
- Sentence substituted to three and a half years' imprisonment to correspond with sentences passed upon other defendants who played similar roles.
Full Case Text
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