Newton trial law

Newton claimed that he was guilty of the act, but insisted that it was consensual between partners. Since the issue of consensus could greatly affect the sentencing, the judge ordered a special hearing in which only the judge, and not a jury, would try to reconcile the facts to determine sentencing.

There are several rules of procedure that guide a Newton hearing. First, the hearing almost always results after a defendant has pled guilty.

If a defendant pleads not guilty, the trial will proceed normally and the defendant's counsel can mount a defense of facts. The judge must also determine that the dispute of facts is significant enough to have an impact on sentencing.

Once a Newton hearing is called, both sides have the opportunity to provide evidence. The trial proceeds much as a normal trial would, with the major exception that the judge is acting as a jury for the trial. If there is no specific evidence to present, one or both sides may waive the right to show evidence and instead submit a statement or argument mapping out the case. The judge will review all evidence and statements before coming to a decision on sentencing.

One other criteria for calling a Newton hearing is the manner in which the defense's case contradicts the evidence. A Newton hearing may also be held where a defendant has been found guilty at trial, but the issues in dispute which could affect sentencing were not touched upon in the trial and therefore were not resolved by the verdict of the jury.

In the course of a Newton hearing, the prosecution will call evidence and test defence evidence in the usual manner — including calling witnesses to give evidence if required. The defence will also present its evidence.

If the issue is within the exclusive knowledge of the defendant they should be prepared to give evidence. Where they fail to do without good reason, the judge may draw such inferences as they think fit.

The ordinary rules and principles regarding burden and standard of proof apply — the prosecution must prove all the elements beyond reasonable doubt. After hearing all the evidence, the judge will provide a reasoned decision as to his findings of fact. Defence mitigation will be heard and then sentence passed.

In R v Underwood , the Court of Appeal set out scenarios where a Newton hearing is not required or not appropriate.

These are:. After having heard evidence about the disputed facts, a judge must not find the accused guilty of an offence more serious than the one to which they have pleaded guilty. As a consequence, any credit due to them for an early guilty plea is awarded. Therefore, they may still be entitled to an up to one-third reduction of sentence on the basis of pleading guilty at the earliest opportunity. However, if the conclusion is for the prosecution and the judge feels the hearing was unnecessary and the conduct of such resulted in distress for the witnesses, or that the offender lacks remorse for the offence, the judge might reduce the discount.