Apr 22, 2007 14:48
17 yrs ago
6 viewers *
English term

Goodyear indication/provisions

English to Spanish Law/Patents Law (general) Crown Court trial (UK)
I don't know what this means. I first thought 'Goodyear' could be the lawmaker's surname... that's just a guess.
This is the context, and is part of the transcription of a hearing held at the Liverpool Crown Court regarding a trial for conspiracy to traffic drugs (Mr. XXX) and money laundering (Mr. YYY). At this particular point, they refer to Mr. XXX and the drug traficking charge (or "count"). I think it has to do with some kind of penalty reduction or benefit if the defendant pleads guilty and spares the judiciary and prosecutors from the whole time-consuming and vexed criminal process.



**************CONTEXT***************

1. PROSECUTOR MR. EEE: So far as Mr. XXX is concerned, he pleaded guilty to Count One on this indictment on 17th January 2007 and the matter was then adjourned for sentence, that was after the start of the trial – or the intended start of the trial, the court having allowed him time to consider his position. He entered his plea at that stage after asking the court to give a **Goodyear** indication, which the court did do, and he then entered his plea at that time to Count One.

There is also a “factual basis for sentence” document in his case, which was before the court and was obviously considered in some detail by the court before the **Goodyear** indication was given.

--------

2. COUNSELOR SIR DDD: May it please your honour. On 17th January when your honour was good enough to give us an indication under the **Goodyear** provisions, your honour gave us an indication of the maximum your honour would impose by way of a sentence in relation to this defendant, which was a term of 19 years imprisonment. Subsequent to that, as your honour knows, a plea was forthcoming on an agreed factual basis.

--------

3. JUDGE RRR: No, save to this extent, the proposed basis of plea I believe I had before giving my **Goodyear** indication.

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4. JUDGE RRR: Yes. I just want – you have confirmed that I had, as I thought I had, the proposed basis of plea as it then was before I gave the **Goodyear** indication. I was also aware before it became a guilty plea, because you very properly told me given you were concerned, as indeed was your client, that he did have a liver complaint requiring a particular dietary regime.

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5. JUDGE RRR (giving his verdict): In giving, at your invitation, in the week beginning 15th January of this year, what was to be the first week of your trial, a **Goodyear** indication as to the maximum sentence I would pass upon you were you to plead guilty at that time, I first had to decide what would have been the appropriate sentence had you been convicted after a trial, and by way of assistance in relation to that exercise I was referred to the case of Rothwell decided by the Court of Appeal in December 2004. Having considered that case I concluded that his position and yours in your respective conspiracies were to be viewed as one and the same, in other words very high up but one stage down from the top. That conclusion led me to the view that after a trial the appropriate sentence upon you on Count One on this indictment would have been one of 27 years.

[...]

A substantial discount from the 27 year sentence had to be allowed in the giving of a **Goodyear** indication as to sentence for those reasons. I should add that before I gave that indication I knew you to be a man of good character and I have been handed, and properly handed, your proposed basis of plea.

[...]

Sir DDD on your behalf this morning has very fully set out further matters – or rather the matters upon which he relies in support of his contention that I should reduce the 19 year indication still further. I retired to consider, amongst other things, to consider those matters that he has put before me. At the end of the day I do not feel that it would be appropriate for me to make any reduction from the 19 year sentence I gave by way of **Goodyear** indication. The crime to which you pleaded guilty, as I have said, was of the utmost gravity.

Stand up please XXX. The sentence upon on Count One of this indictment is one
of 19 years imprisonment. Against that you will have credit for the 349 days during which you have been remanded in custody pursuant to the provisions of Section 240 of the Criminal Justice Act 2003. On Count Two I pass no separate penalty. Please take Mr. XXX out.

********** END OF CONTEXT *********


Thanks for your help in advance. As you can see, I need the help of someone very knowledgeable in UK trial procedures and language.

Thanks again!
Proposed translations (Spanish)
5 indicación de sentencia
Change log

Apr 22, 2007 16:58: P Forgas changed "Language pair" from "Spanish to English" to "English to Spanish"

Discussion

P Forgas Apr 22, 2007:

tratá de buscar "Plea bargaining", que me parece que es por ahí. Suerte, P.
Jorge Gonza (asker) Apr 22, 2007:
THANKS A LOT Now it's pretty clear to me.
cmwilliams (X) Apr 22, 2007:
This link may also help: http://www.sentencing-guidelines.gov.uk/docs/compendium_upda... Goodyear is mentioned since that's the case that set the precedent - R v Goodyear (2005).
Taña Dalglish Apr 22, 2007:
Oops the second link is the same as the one Trudy sent you. The first may also shed more light on the matter. Good luck!
Taña Dalglish Apr 22, 2007:

[PDF]
Statement of Legal and Factual Basis
File Format: PDF/Adobe Acrobat - View as HTML
Based on Goodyear's indication that installation of controls is not feasible, only. requirements for alternatives without use of add-on controls were ...
www.deq.state.va.us/air/pdf/titlevpermits/30106sba.pdf - Similar pages
Plea bargaining – the way forward? from Russell Jones & Walker
The perceived problem with the existing procedure is that the informal discussion on acceptable pleas and a request for a Goodyear indication is likely to ...
www.rjw.co.uk/library/articles/plea-bargaining-2013-the-way... - 23k - Cached - Similar pages

Proposed translations

1 day 37 mins
Selected

indicación de sentencia

La traducción de la frase es "indicación de sentencia".

Aquí un fragmento de ejemplo:

No sé si conocen la frase “plea-bargain” que significa una negociación entre el fiscal y el acusado, en la que el fiscal acuerda limitar las acusaciones y el acusado conviene en reconocer su culpabilidad respecto a algunas de ellas. Me parece que acá existe un sistema parecido, especialmente en el asunto del fraude corporativo. En esta ponencia yo uso el término ‘negociación’ para referirme a ello. Algunos consideran que es un recurso norteamericano que entraña un dudoso regateo, pero la negociación se da extensamente en los Estados Unidos, estimándose que es una forma de evitar juicios largos y costosos, reducir la carga de trabajo de los tribunales penales y beneficiar de alguna manera a todas las partes del caso. Yo sostengo que los delitos de fraude corporativo son particularmente idóneos para que el fiscal y la defensa alcancen un acuerdo. Más recientemente en Inglaterra, en el caso Estado vs. Goodyear se ha constituido la pauta que rige la petición formal al tribunal, de una indicación de la sentencia. Consiste en que el acusado se declare culpable según lo acordado con la fiscalía y haga una petición al juez del tribunal a que dé una indicación de la sentencia en la audiencia pública. Aunque el juez no está obligado a hacerlo, un acusado puede optar por declararse culpable y el juez estará obligado por la indicación si la ha hecho. Si el acusado no se declara culpable, la situación permanecerá invariada y se procederá a tramitar el juicio.
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