Lindley, R. v [2025] EWCA Crim 1213 (11 September 2025)
The judge was entitled to conclude that, even if the appellant's account of provocation was true, it did not amount to a significant degree of provocation justifying a material reduction in sentence. Therefore, a Newton hearing was not required, and the sentence imposed was neither wrong in principle nor manifestly excessive.
- Citation
- [2025] EWCA Crim 1213
- Parties
- Prosecution: Rex; Appellant: Peter Lindley
- Jurisdiction
- England and Wales
- Judgment Date
- 11 September 2025
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- appeal dismissed
- Legal Topics
- Attempted Murder, Sentencing, Newton Hearing, Provocation, Extended Sentence
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
Peter Lindley
Appellant
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentencing judge erred in refusing a Newton hearing on the issue of provocation by alleged false allegations
- 2 Whether the sentence imposed was manifestly excessive or wrong in principle
Ratio Decidendi
The judge was entitled to conclude that, even if the appellant's account of provocation was true, it did not amount to a significant degree of provocation justifying a material reduction in sentence. Therefore, a Newton hearing was not required, and the sentence imposed was neither wrong in principle nor manifestly excessive.
Court Disposition
appeal dismissed
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