The preparation of the reference
10. The way in which this case came before this court is the first detailed matter to which we must refer before turning to the facts. As is usual a Draft Reference was prepared and approved by prosecution counsel in August 2007. In accordance with the practice which has developed, those representing the offenders were invited to agree the factual content of the draft. Those representing Hogg were sent the draft but failed to respond. The last letter, which was sent on 11 September 2007, indicated that in the absence of any response it would be assumed that the factual content of the document was agreed. Unfortunately, nothing was said by those acting on behalf of Hogg until a document dated 15 January 2008 (the day before yesterday) was sent to this court in which some challenges were made to the Reference. We make no criticism of counsel who appears before us today as he was not involved in this case earlier. However, those who represented Hogg should have dealt with matters at a very much earlier stage. 11. In
- Mr Q Hawkins
- Introduction
- The offences
- Goodyear
- The preparation of the reference
- R v Padoan and Smith
- The Judge’s sentencing remarks
- The basic submissions of the Attorney General
- The basic facts
- The approach to Rolls’ basis of plea : “gainsay”
- gainsay
- R v Underwood
- gainsaid”
- Newton
- The aggravating and mitigating factors
- R v Aramah
- R v Aranguren and Others
- Whiteway
- The appeal of Roach