Newman, R. v

Newman, R. v

The judge was not bound by the Goodyear indication after discovering new facts in the pre-sentence report and offered the appellant a fair opportunity to withdraw his plea; thus, no injustice resulted and the appeal must be dismissed.

Parties
Prosecution: Regina; Appellant: Shane Newman
Jurisdiction
England and Wales
Judgment Date
25 June 2010
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Sentencing, Goodyear Indication, Extended Sentence, Public Interest, Plea Withdrawal
Criminal Law Sentencing Goodyear Indication Extended Sentence Public Interest Plea Withdrawal

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Parties

Regina

Prosecution

Shane Newman

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sentencing judge was bound by a Goodyear indication after the defendant pleaded guilty
  2. 2 Whether the judge's revision of the Goodyear indication and sentence was fair to the appellant

Ratio Decidendi

The judge was not bound by the Goodyear indication after discovering new facts in the pre-sentence report and offered the appellant a fair opportunity to withdraw his plea; thus, no injustice resulted and the appeal must be dismissed.

Court Disposition

appeal dismissed