Judge criticises lawyers for delaying case of Chesterfield men due to be sentenced on violence offences

James Smith and Steven Coates were due to be sentenced on wounding and grievous bodily harm charges at the court on Tuesday, January 5, following the incident which dates back to January 30 last year.

Coates, 39, of Burton Street, Wingerworth, fully admitted the offences, but Smith, 38, of Mansfield Road, Scarcliffe, had denied elements of the offence and had entered a ‘basis of plea’ – meaning that he was asking the court to accept lesser culpability in relation to the offence.

However, after the basis of plea was entered in February of this year, the prosecution failed to spot it and the defence for both men failed to raise it with the court until the day of sentencing.

Judge Nirmal Shant QC said she wanted to sentence both men at the same time and that a future court hearing on whether Smith was telling the truth could impact on Coates’ sentence.

She said: “It is very regrettable that you are at this stage now, when the two have travelled here under very difficult circumstances. It is just regrettable that you are at this stage today.

"This offence already dates back some time and those who submitted the basis of plea have a duty to bring it to the attention of the court.”

Speaking to both defendants, she added that the offence crossed the custody threshold. A Newton Hearing will now take place on March 5.

Editor’s message: In these confusing and worrying times, local journalism is more vital than ever. Thanks to everyone who helps us ask the questions that matter by taking out a subscription or buying a paper. We stand together. Nancy Fielder, editor.