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Sentencing

03 January 2008
Issue: 7302 / Categories: Case law , Law digest , In Court
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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
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