| 释义 |
Newton hearing
Where a defendant pleads guilty but disputes certain factual elements of the prosecution case, the judge can give both parties the opportunity to call evidence about the disputed matter. This will usually occur only where there is a substantial divergence between the two parties on a question of fact that might give rise to a difference in the sentence to be imposed. The judge will hear the evidence in the absence of a jury and reach his own judgment. This is known as a Newton hearing from the case R v Newton [1982] 77 Cr App R 13. The judge must be satisfied beyond reasonable doubt that the defence version of the facts is wrong. |