350. Determination of application for leave during sentencing hearing

350. Determination of application for leave during sentencing hearing

In the course of a sentencing hearing, the court must not grant leave under section 342 unless it is satisfied that the evidence has substantial relevance to the issue of appropriate sentence and the offender—

(a) has pleaded guilty to all sexual offences charged against the offender; or

(b) has been found guilty of all sexual offences charged against the offender.

Note

Section 352 limits the relevance of sexual history evidence.

Section 350 sets out how the court must determine an application for leave in a sentencing hearing. This section is based on (now repealed) Rule (3)(b) in section 37A(1) of the (now amended) Evidence Act 1958.

Uncertainty surrounds why an accused must plead or be found guilty to all charges before such evidence becomes admissible. Strictly read, this could deny an accused who has successfully defended some charges from informing the court of surrounding mitigatory circumstances.