Results.
6 judgments found.
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| December 2023 |
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Repeat defilement offender given 30 years’ imprisonment with hard labour due to aggravating factors outweighing mitigation.
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21 December 2023 |
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After mandatory death sentence invalidation, resentencing applies general sentencing principles and resulted in 36 years' imprisonment.
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Criminal law — Resentencing after mandatory death sentence declared unconstitutional — Application of general sentencing principles — Admissibility of unsworn statements at resentencing — Aggravating factors: weapon use and group action — Mitigating factors: absence of premeditation, youth, first offender status, rehabilitation — Fixed term 36 years with hard labour.
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20 December 2023 |
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Resentencing after mandatory death penalty invalidation; court imposed 34‑year terms, crediting health and first‑offender status.
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Constitutional law — resentencing after invalidation of mandatory death sentences; sentencing principles; aggravating factor: group action; mitigating factors: serious ill‑health (HIV/AIDS) and first‑offender status; custodial time accounted for; 34‑year custodial terms imposed.
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20 December 2023 |
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On resentencing after an invalid mandatory death sentence, court imposed 42 years’ imprisonment, finding premeditation but insufficient culpability for life or death.
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Criminal law — Resentencing after unconstitutional mandatory death sentence — Sentencing principles on resentencing — Aggravating factor: premeditation — Mitigating factors: first offender accepted; alleged mental illness and character evidence not given weight due to inadmissibility — Sections 339/340 relief declined — Sentence of 42 years’ imprisonment with hard labour.
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20 December 2023 |
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Resentencing after unconstitutional mandatory death: court applies sentencing principles and imposes 37 years' imprisonment for murder.
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Resentencing after unconstitutional mandatory death — general sentencing principles apply — aggravating: weapon used, premeditation — mitigating: youth and first offender — unsworn statements carry no weight — time served considered.
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20 December 2023 |
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Prosecution failed to prove theft or gross negligence where employer’s lax banking practices created reasonable doubt.
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Criminal law — Theft by public servant (s283) — presumption of theft and burden to rebut; Negligence by public servant (s284) — requires high degree of gross negligence or recklessness; employer lax banking procedures and corroborated explanation created reasonable doubt.
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1 December 2023 |