header-logo header-logo

Sentencing

03 January 2008
Issue: 7302 / Categories: Case law , Law digest , In Court
printer mail-detail

R v Barney [2007] All ER (D) 98 (Dec)

 In the context of dealing with the issue of re­morse on the one hand and pleas of guilty on the other, sentencing is not simply a matter of arithmetical precision. The question of remorse cannot be entirely divorced from the question of a defendant’s guilty plea.

 

Where an entirely fictitious story was told to the police, that is a matter which the court is entitled to take into account when deciding upon the credit to be given for a subsequent guilty plea. A remorseful plea of guilty will not necessarily result in a discount of greater than a third, al­though there are some circumstances in which clear remorse might be taken into account as an additional factor.

 

A reduction in the credit due for a guilty plea on the basis of lack of remorse might not in it­self be appropriate. However, where a defendant went out of his way to seek to avoid responsibil­ity (eg denying responsibility in the defence case statement), that can be taken into account in the context of remorse and the plea of guilty. 

Issue: 7302 / Categories: Case law , Law digest , In Court
printer mail-details

MOVERS & SHAKERS

Myers & Co—Jen Goodwin

Myers & Co—Jen Goodwin

Head of corporate promoted to director

Boies Schiller Flexner—Lindsay Reimschussel

Boies Schiller Flexner—Lindsay Reimschussel

Firm strengthens international arbitration team with key London hire

Corker Binning—Priya Dave

Corker Binning—Priya Dave

FCA contentious financial regulation lawyer joins the team as of counsel

NEWS
Social media giants should face tortious liability for the psychological harms their platforms inflict, argues Harry Lambert of Outer Temple Chambers in this week’s NLJ
The Leasehold and Freehold Reform Act 2024—once heralded as a breakthrough—has instead plunged leaseholders into confusion, warns Shabnam Ali-Khan of Russell-Cooke in this week’s NLJ
The Employment Appeal Tribunal has now confirmed that offering a disabled employee a trial period in an alternative role can itself be a 'reasonable adjustment' under the Equality Act 2010: in this week's NLJ, Charles Pigott of Mills & Reeve analyses the evolving case law
Caroline Shea KC and Richard Miller of Falcon Chambers examine the growing judicial focus on 'cynical breach' in restrictive covenant cases, in this week's issue of NLJ
Ian Gascoigne of LexisNexis dissects the uneasy balance between open justice and confidentiality in England’s civil courts, in this week's NLJ. From public hearings to super-injunctions, he identifies five tiers of privacy—from fully open proceedings to entirely secret ones—showing how a patchwork of exceptions has evolved without clear design
back-to-top-scroll