Court : Delhi
..... , dismiss the appeal, or may(a) in an appeal from an order or acquittal, reverse such order and direct that further inquiry be made, or that the accused be re- tried or committed for trial, as the case may be, or find him guilty and pass sentence on him according to law; (b) in an appeal from a conviction(i) reverse the finding and sentence and acquit or discharge the accused, or order him to be re- tried by a crl.a.nos.910, 741, 958/2008, crl. ..... offence conduct of the offender conduct of conduct of offender offender1 guilty plea/voluntary concealment, destruction or dismemberment surrender. ..... it was further observed that there were more than two dozen cases, of which three relate to the offence of murder, the usual plea of false implication by the defence has to be put on the back seat, and may have an impact on the sentencing policy, since the presence of the accused could be a continuing threat to the society and hence calls ..... a person, who caused injury due to negligence or is made vicariously liable is bound to pay compensation it is only appropriate to direct payment by the accused who is guilty of causing an injury with the necessary mens rea to pay compensation for the person who has suffered injury. ..... that subject to the provisions of section 71 ipc, court may pass separate sentences for two or more offences of which the accused is found guilty, but the aggregate punishment must not exceed the limit fixed in the proviso (a) and (b) of sub-section (2) of section 31 cr.p.c. .....
Tag this Judgment!Court : Delhi
..... , dismiss the appeal, or may(a) in an appeal from an order or acquittal, reverse such order and direct that further inquiry be made, or that the accused be re- tried or committed for trial, as the case may be, or find him guilty and pass sentence on him according to law; (b) in an appeal from a conviction(i) reverse the finding and sentence and acquit or discharge the accused, or order him to be re- tried by a crl.a.nos.910, 741, 958/2008, crl. ..... offence conduct of the offender conduct of conduct of offender offender1 guilty plea/voluntary concealment, destruction or dismemberment surrender. ..... it was further observed that there were more than two dozen cases, of which three relate to the offence of murder, the usual plea of false implication by the defence has to be put on the back seat, and may have an impact on the sentencing policy, since the presence of the accused could be a continuing threat to the society and hence calls ..... a person, who caused injury due to negligence or is made vicariously liable is bound to pay compensation it is only appropriate to direct payment by the accused who is guilty of causing an injury with the necessary mens rea to pay compensation for the person who has suffered injury. ..... that subject to the provisions of section 71 ipc, court may pass separate sentences for two or more offences of which the accused is found guilty, but the aggregate punishment must not exceed the limit fixed in the proviso (a) and (b) of sub-section (2) of section 31 cr.p.c. .....
Tag this Judgment!Court : Delhi
..... , dismiss the appeal, or may(a) in an appeal from an order or acquittal, reverse such order and direct that further inquiry be made, or that the accused be re- tried or committed for trial, as the case may be, or find him guilty and pass sentence on him according to law; (b) in an appeal from a conviction(i) reverse the finding and sentence and acquit or discharge the accused, or order him to be re- tried by a crl.a.nos.910, 741, 958/2008, crl. ..... offence conduct of the offender conduct of conduct of offender offender1 guilty plea/voluntary concealment, destruction or dismemberment surrender. ..... it was further observed that there were more than two dozen cases, of which three relate to the offence of murder, the usual plea of false implication by the defence has to be put on the back seat, and may have an impact on the sentencing policy, since the presence of the accused could be a continuing threat to the society and hence calls ..... a person, who caused injury due to negligence or is made vicariously liable is bound to pay compensation it is only appropriate to direct payment by the accused who is guilty of causing an injury with the necessary mens rea to pay compensation for the person who has suffered injury. ..... that subject to the provisions of section 71 ipc, court may pass separate sentences for two or more offences of which the accused is found guilty, but the aggregate punishment must not exceed the limit fixed in the proviso (a) and (b) of sub-section (2) of section 31 cr.p.c. .....
Tag this Judgment!Court : Supreme Court of India
..... it was the opinion of the reviewing officer that army rule 116(4) required the 'guilty' plea to be altered to 'not guilty' predicated on the unsubstantiated and unsustainable conclusion that the respondent did not understand the effect ..... this being a transmission of proceedings under section 162, the reviewing authority's basis for insistence that a plea of "not guilty" ought to have been recorded after the summary of evidence, based upon the statement of evidence given by the respondent therein, and subsequent setting aside of the consequences of the court martial presided by ..... it determined that although the officer conducting the court martial recorded a plea of guilty under rule 116(4), a perusal of the respondent's statement in the summary of evidence belied this recording; that therein, qua the second charge, the respondent had contested the charge stating that ..... facts, the reviewing authority could not have set aside the proceedings on such a technical ground - which section 162 expressly prohibits - that a plea of "not guilty" should have been recorded under army rule 116(4) in respect of both charges of extortion, as the effect of the respondent's plea of "guilty" was not fully understood by him. ..... general purporting to act as the reviewing authority, considering this discrepancy, opined that the "officer holding the trial should have, under ar116(4), altered the record and entered a plea of 'not guilty' in respect of both charges, and proceeded with the trial accordingly. .....
Tag this Judgment!Court : European Court of Human Rights
..... notes that it may be considered as a common feature of european criminal justice systems for an accused to obtain the lessening of charges or receive a reduction of his or her sentence in exchange for a guilty or nolo contendere plea in advance of trial or for providing substantial cooperation with the investigative authority (see the comparative legal study, paragraphs 62-75 above; see also, in this connection, slavcho kostov v. ..... in this sense, courts have the obligation to verify whether the plea agreement has been reached in accordance with applicable procedural and substantive rules, whether the defendant entered into it voluntarily and knowingly, whether there is evidence supporting the guilty plea entered by the defendant and whether the terms of the agreement are ..... it is important to bear in mind that when consenting to a guilty plea, a defendant waives a number of rights, including the right to give testimony and the ..... should the plea agreement not be entered into or be rejected by the court, the guilty plea or the confession of the defendant cannot be used against ..... in 1987 the member states of the council of europe had been advised by the committee of ministers to develop means of simplifying and expediting trial procedures, which included summary judgments, out-of-court negotiations and guilty pleas (see paragraph 54 above). ..... all countries surveyed, with the apparent exception of romania, the defendants guilty plea can only be used for the purposes of the plea agreement. .....
Tag this Judgment!Court : European Court of Human Rights
..... , cited above, 71), and the court must have the power to exclude evidence that did not comply with the legal framework of covert operations (see khudobin, cited above, 133-135)), even in the case of a guilty plea (see chapter ii, paragraph 7, of recommendation rec(2005)10 of the committee of ministers, and ramanauskas, cited above, 72), which must take into consideration the following four evidentiary rules: (10.1) only evidence referring to ..... applicants had been subjected.in the light of the foregoing, the court concludes that the domestic courts did not comply with their obligation to take cognisance of all possible materials supporting the entrapment plea.thatomission prevented the courts from carrying out effective judicial supervision of the test purchases, thus failing to comply with the only safeguard against police provocation in a system where the authorisation of ..... . furthermore, the court has found that a guilty plea as regards criminal charges does not dispense the trial court from the duty to examine allegations of incitement (see ramanauskas, cited ..... legal framework or adequate safeguards, as is generally the case in russia (see khudobin, cited above, 133-35, bannikova, cited above, 56; and veselov and others, cited above, 94).in such a system the judicial examination of an entrapment plea provides the only effective means of verifying the validity of the reasons for the undercover operations and ascertaining whether the agents remained essentially passive .....
Tag this Judgment!Court : New Zealand Court of Appeal
..... it would have been helpful if an overall starting point and a collective discount for the guilty pleas had been set out, at least by way of end summary. ..... a discount of one year for the guilty pleas and remorse (which we discuss below) was, on the material before the judge, appropriate ..... [24] however, we are satisfied that the overall sentence of seven and a half years imprisonment reached by the judge following the various discounts for guilty pleas was within the appropriate range. ..... [2] [2] without notice ms bourton entered a number of guilty pleas on arraignment on the first day of trial before judge connell sitting alone ..... the letter to the court [29] we consider the discounts applied by the judge in relation to the late guilty pleas on certain charges to be appropriate. ..... [3] we agree with the judges identification of the significance of the admitted evidence as follows: (a) the evidence relating to the matters on which ms bourton pleaded guilty assisted in terms of the determination as to her motivation for subsequent offending; and (b) the features of ms bourtons admitted offending while employed at westpac bank were such that the remaining offending demonstrated a familiar ..... it would have been entirely artificial to attempt to distinguish various categories of offence, such as to separate out the counts on which guilty pleas were entered. ..... weir submitted that the judge should not have taken into account the evidence that related to the counts where pleas of guilty had been entered. .....
Tag this Judgment!Court : New Zealand Court of Appeal
(given by keane j) [1] on 14 august 2013 james heald, following his guilty plea on arraignment the previous day, was sentenced to imprisonment for two years, five months for the burglary of a home in orewa on 8 january 2013. ..... against those aspects of mr healds sentence that he does not contest: the nine month uplift the judge imposed for the concurrent summary matters and the 25 per cent credit he allowed mr heald for his guilty plea. ..... [6] [12] mr healds resulting sentence, as the judge said, would then have stood at three years but for his plea. .....
Tag this Judgment!Court : New Zealand Court of Appeal
..... [16] the crown argued that the judge correctly deducted a 19 per cent (20 month) overall discount for the guilty pleas (the combined effect of approximately 15 per cent on the theft charge and approximately 25 per cent on the burglary and breach charges) from the uplifted starting point of eight years and ..... in essence, and as argued by mr tyrrell, three aspects of the sentencing decision are challenged: (a) first, the guilty plea discount of 20 months was less than the discount the judge should have allowed because the judge applied the discount at the wrong point in the ..... so in the following terms: [73] there is no objection in principle to the application of a reduction in a sentence for a guilty plea once all other relevant matters have been evaluated and a provisional sentence reflecting them has been decided on. ..... the only relevant personal mitigating factors were mr mccreaths guilty plea to the theft charge, entered one year after the charge was laid but before trial, and his guilty pleas to the remaining charges, entered at a relatively ..... the supreme court in hessell v r approved this courts approach of applying the guilty plea discount after first setting the starting point and then adjusting for personal mitigating and ..... analysis [15] mr tyrrell argued that the 20 month guilty plea discount allowed by the judge was less than it should have been because the judge incorrectly deducted the guilty plea discount from the sentences before applying the 12 month uplift for .....
Tag this Judgment!Court : New Zealand Court of Appeal
..... further, having presided over the trial, rather than sentencing on a summary of facts after a guilty plea, the judge was well placed to determine the appropriate starting point. ..... the judge then applied an uplift for the conversion and theft charges, and a discount of an equivalent amount, for mr smiths guilty pleas, to reach an end sentence of two years and six months imprisonment. ..... in his case the sentencing judge adopted a starting point of two years imprisonment on the burglary charge, then applied an uplift of four months on account of mr tangioras previous offending, and an equivalent discount for his guilty pleas and his progress in rehabilitative programmes while awaiting sentencing. ..... the starting point adopted was two years imprisonment, with an uplift of six months for mr morgans previous convictions, and a discount of seven months for his guilty plea. ..... the appellant had contended at trial that he was in effect an unwilling bystander, but the jury in finding him guilty of burglary clearly rejected that contention, and found that he knew of the burglary, and participated in it. ..... judge also indicated a reduction of two months to reflect the fact that the appellant had been on electronically monitored bail and a further reduction should the appellant plead guilty, to result in an end sentence indication of two years three months imprisonment. ..... [18] mihaka smith was sentenced on 14 november 2012, having pleaded guilty to burglary, conversion of a motor vehicle, and theft of two .....
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