CRI 4 - Pleading Guilty PDF

B24 CRI - Pleading Guilty - What happens when the accused challenges an element of the charge(s) against him/her? What happens when either the Prosecution or accused challenges a fact that is material to sentencing? What happens when an accused person...

B24 CRI - Pleading Guilty - What happens when the accused challenges an element of the charge(s) against him/her? What happens when either the Prosecution or accused challenges a fact that is material to sentencing? What happens when an accused person changes his/her mind midway through pleading guilty? Procedure at PG hearings - s227(1) CPC - Charge must be **[read]** and **[explained]** to the Accused. - s227(2) CPC - Accused must understand the **[nature and the consequences]** of pleading guilty - (1) **[Statement of Facts]** - **[must contain all the essential ingredients]** - There is a legal duty on the parties to agree on the SOF (Biplob Hossain Younus Akan ). If there is doubt as to the sufficiency of the SOF, the court should decline to record the plea of guilt - (2) **[Validity of Plea]** - Nature and consquences of pleading guilty - **he may not appeal against his conviction** - Court should not accept Accused person\'s PG (Rafiqul) - How did the Accused qualify his PG? - (3) **[Newton Hearing - During sentencing]** - A newton hearing is needed when PG is accepted but there is **[a curcial fact affecting sentencing]** - **[s228(5) CPC]** - the matter **must affect the sentence** - General Rule: Burden of proof on the Prosecution if fact in dispute is **\"very fundamental\"** to the Prosecution\'s case - (4) Charges Taken Into Consideration (**[TIC]**) - **[One- transaction Rule:]** The purpose of the one-transaction rule is to ensure **[sentences run concurrently when consecutive sentences are not appropriate]**. The general rule is that **[custodial sentences]** for **[unrelated offenses]** must run **[consecutively]**, following the general rule. s148(1) CPC The court may take into consideration with the consent of both parties - Procedure - Court\'s discretion whether to consider the offence or not (Mok Ping Wuen) - (5) **[Antecedents]** - s2(1) CPC - definition of a criminal record - s228(2) CPC - Addressing the court on sentence - Court may **compound antecedents** for the sentencing purposes (Koh Thiam Huat \[2017\] 4 SLR 1099) - (6) Address on sentence/ Mitigation - s228(3) CPC - Court must hear plea in mitigation - s228(4) CPC - Court **[must reject plea in mitigation if plea is qualified]** - Rule 14 (7) LPC - must not insult or anoy any person - (7) Pronouncement of Sentence & Consequential Orders - s318 CPC - Deferment of sentence - **[Factors]** court would consider in application to defer sentence (Loh Kok Siew) - Fines - amount to be imposed - s319(1)(b) Payment of fines - s147 CPC - Withdrawal of remaining charges on conviction on one of several charges - s364 CPC - disposal of property by the court - (8) **Retraction** of Guilty Plea - There must be valid and sufficient grounds and in the interest of justice (Rafiqul) for the retraction to be accepted - If retraction is accepted, then reopen case for trial, and if the accused is found guilty, the intial guilty plea and subsequent retraction **[may result in harsher sentence.]** - Pre-Trial negotiations - 1\. Proceeded charges/ charges taken into consideration - 2\. Negotiation on agreed statement of facts (**ASOF**) and sentencing position - 3\. Representations to AGC - 4\. Criminal Case Management System (**[CCMS]**) meetings - 5\. Criminal Case Resolution - Sentencing Advisory panel guidelines