Newton hearing
Encyclopedia
A Newton hearing or inquiry is a comparatively modern legal procedure used where the two sides offer such conflicting evidence that a judge sitting alone (that is, without a jury
) tries to ascertain which party is telling the truth. They are generally used when a defendant pleads guilty to an offence (as in R v Newton itself), but there are factual issues (relating, for example, to the appropriate sentence) that need to be resolved between the prosecution and defence.
but claimed his wife had given her consent. The Court of Appeal ruled that in such cases either
1. R v Newton (1983) Crim LR 198.
2. R v Ahmed (1985) Crim LR 250 CA.
3. R v Mirza (1993) 14 Cr. App. R. (s) 64, [1992] Crim LR 600.
4. R v Odey (1985) Crim LR 55.
5. R v Mirza (1992) Crim LR 600
6. R v Ndikum (2008) The News (Portsmouth)
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
) tries to ascertain which party is telling the truth. They are generally used when a defendant pleads guilty to an offence (as in R v Newton itself), but there are factual issues (relating, for example, to the appropriate sentence) that need to be resolved between the prosecution and defence.
Origin
The name stems from a 1983 case R v Newton in which the defendant admitted buggeryBuggery
The British English term buggery is very close in meaning to the term sodomy, and is often used interchangeably in law and popular speech. It may be, also, a specific common law offence, encompassing both sodomy and bestiality.-In law:...
but claimed his wife had given her consent. The Court of Appeal ruled that in such cases either
- evidence could be heard from both sides and a conclusion reached on the matter which was the root of the problem , or
- no evidence heard but submissions analysed and, where a substantial doubt still persisted, benefit be given to the defendantDefendantA defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
.
Notable cases
These include:1. R v Newton (1983) Crim LR 198.
2. R v Ahmed (1985) Crim LR 250 CA.
3. R v Mirza (1993) 14 Cr. App. R. (s) 64, [1992] Crim LR 600.
4. R v Odey (1985) Crim LR 55.
5. R v Mirza (1992) Crim LR 600
6. R v Ndikum (2008) The News (Portsmouth)