Successful Outcome | Goodyear Indication | Warwick Crown Court
Our client faced allegations that, whilst providing security at a night spot in Coventry he seriously assaulted one of the patrons as he was being ejected for inappropriate behaviour.
Amandeep Murria of Kangs Solicitors explains how seeking a Goodyear Indication from the Crown Court resulted in our client retaining his freedom.
What Is A Goodyear Indication? | Kangs Criminal Defence Lawyers
In the case of R –v- Goodyear [2005] EWCA Crim 888, the sentence imposed, following a plea of guilty to an offence of corruption, was appealed.
Prior to the Trial commencing, the Trial Judge was asked to indicate what sentence would be given in the event that a guilty plea was entered.
As the Trial Judge gave an indication that the sentence would not be of a custodial nature, a guilty plea was entered but, at the sentencing hearing, the sentence imposed was of a custodial nature being six months imprisonment, suspended for two years.
The sentence was appealed and allowed by The Court of Appeal which stated:
‘Once an indication has been given, it is binding and remains binding on the Judge who has given it, and it also binds any other judge who becomes responsible for the case.
In principle, the judge who has given an indication should, where possible, deal with the case immediately, and if that is not possible, any subsequent hearings should be listed before him. This cannot always apply. We recognise that a new Judge has his own sentencing responsibilities, but Judicial comity as well as the expectation aroused in a defendant that he will not receive a sentence in excess of whatever the first judge indicated, requires that a later sentencing judge should not exceed the earlier indication.
If, after a reasonable opportunity to consider his position in the light of the indication, the defendant does not plead guilty, the indication will cease to have effect.
In straightforward cases, once an indication has been sought and given, we do not anticipate an adjournment for the plea to be taken on another day.’
Our Client’s Plea Following An Indication | Kangs Solicitors
Following detailed and successful negotiations with the Prosecution, a written basis of plea was agreed which reflected our client’s actual involvement in the assault.
At the Hearing, a Goodyear Indication was requested and the judge indicated that, should a guilty plea be entered by our client upon the written basis agreed, then the likely sentence would be a custodial one but, having regard to all the circumstances, it would be suspended, thereby enabling our client to avoid time in prison.
Accordingly, our client entered a guilty plea and was sentenced in line with the Goodyear Indication.
Our client was delighted with the outcome because it meant he could, retain his liberty and continue with his employment.
How We Can Help You | Kangs Complex Crime Solicitors
Defending prosecutions involving serious offences frequently requires consideration to be given to the obtaining of a Goodyear Indication and the requisite accompanying detailed negotiations with the Prosecution.
This requires a legal team with the appropriate and specialist knowledge and the experienced team at Kangs Solicitors ensures that all steps are taken to critically analyse and evaluate each client’s personal requirements.
We are recognised as ‘leaders in the field’ for this type of criminal case, by both the Legal 500 and Chambers & Partners.
We Are Here To Help | Contact Us | Kangs Solicitors
If you require any advice or assistance in this area, or have any matters in which you require representation, please feel free to contact our Team through either of the following:
Amandeep Murria
amurrias@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396
John Veale
jveale@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396
