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England and Wales Court of Appeal (Criminal Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> Chentouf, R. v [2023] EWCA Crim 369 (16 March 2023) URL: https://www.bailii.org/ew/cases/EWCA/Crim/2023/369.html Cite as: [2023] EWCA Crim 369 |
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CRIMINAL DIVISION
Strand London WC2A 2LL |
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B e f o r e :
LORD JUSTICE HOLROYDE
MR JUSTICE HILLIARD
MR JUSTICE CHAMBERLAIN
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REX |
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- v - |
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ZAKARIA CHENTOUF |
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Lower Ground, 18-22 Furnival Street, London EC4A 1JS
Tel No: 020 7404 1400; Email: rcj@epiqglobal.co.uk (Official Shorthand Writers to the Court)
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Crown Copyright ©
MR JUSTICE CHAMBERLAIN:
"Where the sentencing court is satisfied that there were particular circumstances which significantly reduced the defendant's ability to understand what was alleged or otherwise made it unreasonable to expect the defendant to indicate a guilty plea sooner than was done, a reduction of one-third should still be made.
In considering whether this exception applies, sentencers should distinguish between cases in which it is necessary to receive advice and/or have sight of evidence in order to understand whether the defendant is in fact and law guilty of the offence(s) charged, and cases in which a defendant merely delays guilty plea(s) in order to assess the strength of the prosecution evidence and the prospects of conviction or acquittal."