Seeking a Goodyear Indication|Kangs Criminal Lawyers
Amandeep Murria of Kangs Solicitors reports on a current case which involves our client seeking a Goodyear Indication from the Crown Court.
What is a Goodyear Indication? | Kangs Crime Team
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
Our client was alleged to have conspired with others, over a number of months, to steal and handle stolen high performance motor vehicles, valued at hundreds of thousands of pounds.
Following detailed and successful negotiations with the Prosecution a written basis of plea was agreed which reflected our client’s actual involvement in the Conspiracy.
At the Mention Hearing, arranged to enable the Judge to give a Goodyear Indication, he indicated that, should a guilty plea be entered by our client upon the written basis agreed by all parties, the starting point for sentencing purposes would be a community order.
As the result of such an Indication, our client entered a guilty plea and his case was adjourned for Sentence at a later date.
At the adjourned Hearing, neither the original Judge nor Prosecution counsel were available and, accordingly, it was further adjourned to a date which is yet to be agreed.
How We Can Help You | Kangs Complex Crime Solicitors
Defending prosecutions involving complex and 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.
Seeking a Goodyear Indication | Kangs Criminal Lawyers
We are recognised as ‘leaders in the field’ for this type of criminal case, by both the Legal 500 and Chambers & Partners.
Recent Cases | Conspiracies | Kangs Solicitors
A sample of our recent work in this area can be seen below:
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Operation Dynamo | Drugs Conspiracy Cases | Kangs Solicitors
- Operation Analogue | Conspiracy Case | Kangs Solicitors
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
amurria@kangssolicitors.co.uk
Tel: 0121 449 9888 | 0161 618 1098
John Veale
jveale@kangssolicitors.co.uk
Tel: 0121 449 9888 | 020 7936 6396
