Results.
5 judgments found.
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| June 2018 |
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Circumstantial evidence of custody and control upheld conviction for theft by servant; excessive sentence noted but confirmed as served.
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Criminal law — Theft by servant — Circumstantial evidence sufficiency — Custody and control of keys/cash — Standard of proof — Sentence excessive but confirmed due to time served.
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22 June 2018 |
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Conviction for breaking into a building confirmed; manifestly excessive 7-year sentence reduced to 4 years on review.
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Criminal law — s.311 Penal Code (breaking into a building and committing a felony) — confirmation of conviction — sentencing on review — manifestly excessive sentence — mitigation (first offender; change of plea) v. aggravation (security guard breach of trust; night; premeditation; financial gain) — sentencing guidelines applied — sentence reduced from 7 to 4 years.
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8 June 2018 |
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Convictions confirmed; court could not vary manifestly inadequate/excessive sentences already served.
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Criminal law — Confirmation of convictions — Sentencing — Manifestly inadequate and manifestly excessive sentences — Inability to vary sentences already served — Breach of trust as aggravating factor; sentencing guidelines for burglary and theft.
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8 June 2018 |
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Convictions confirmed, but consecutive sentences set aside and made concurrent, reducing cumulative term and prompting immediate release.
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Criminal law — Theft of cattle — Sentencing — Concurrent versus consecutive sentences — Offences committed in a single transaction — Sentencing guidelines and mitigation for first-time guilty plea — Excessive cumulative sentence set aside.
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8 June 2018 |
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Convictions confirmed but consecutive, excessive sentences reduced and ordered to run concurrently, yielding a four-year term.
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Criminal law — housebreaking and theft — sentencing — concurrent versus consecutive sentences — requirement to give reasons for consecutive sentences — mitigation (youth, first offender, plea) — manifestly excessive sentence — review and alteration of sentence.
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7 June 2018 |