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Citation
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Judgment date
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| September 2021 |
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High Court confirms twelve-year sentence for defilement of a 13-year-old, declining to enhance sentence.
Criminal law — Defilement — Sentence confirmation and review — Whether sentence manifestly excessive or inadequate — Sentencing factors: age of victim and offender, inducement, psychological harm — High Court intervention limited.
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10 September 2021 |
| August 2021 |
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Court increased rape sentence to 12 years due to use of a knife, threats and deprivation of the complainant’s liberty.
Criminal law — Rape — Sentencing — Aggravating features: use of knife, threats, deprivation of liberty — Custodial sentence generally required — Confirmation and enhancement where original sentence manifestly inadequate.
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23 August 2021 |
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Conviction for defilement quashed where accused reasonably believed the complainant was sixteen at intercourse.
Criminal law — Defilement (s.138(1) Penal Code) — Statutory proviso: reasonable belief as to age — Proof by consistency of accused’s statement and complainant’s dates — Conviction quashed.
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4 August 2021 |
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A youthful first-offender who killed a sleeping parent was sentenced to 25 years' imprisonment despite mitigation due to premeditation and brutality.
Criminal law – Murder – Sentencing – Mandatory death penalty abolished – Mitigating factors (youth, first offender, guilty plea, remorse) weighed against aggravating factors (premeditation, use of stone, victim asleep) – Fixed-term custodial sentence of 25 years with hard labour.
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3 August 2021 |
| July 2021 |
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Court confirmed the convict's fine for unlawful possession of an endangered specimen as adequate and lawful.
Wildlife law – possession of endangered species without permit – sentencing review and confirmation – fine must not be less than value of specimen – mitigation of first offender.
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28 July 2021 |
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On review the court enhanced a 14-year defilement sentence to 35 years due to use of a knife, threats, and victim vulnerability.
Criminal law – Defilement (section 138(1) Penal Code) – Sentence review and enhancement – Aggravating factors: use of weapon, threat to kill, victim's young age and vulnerability, concealment of identity – Precedent and need for deterrent, denunciatory sentencing.
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28 July 2021 |
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An adult’s repeated, planned defilement of a 10‑year‑old warranted enhancement of sentence from 14 to 40 years.
Criminal law – Defilement – Sentence enhancement on confirmation – Aggravating factors: adult offender, child under 11, repeated incidents, planned offence – Precedent supporting long or life sentences in worst cases.
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28 July 2021 |
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Court confirmed conviction for defilement and enhanced a ten-year sentence to 17 years IHL on review.
Criminal law – Defilement (s.138(1) Penal Code); sentencing – adequacy and enhancement of custodial term; consideration of victim age, offender’s age and first-offender status; comparative precedent and maximum penalty (life).
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28 July 2021 |
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Conviction for defilement confirmed; sentence increased to 17 years considering precedents and mitigating factors.
Criminal law – Defilement – Confirmation of conviction on review – Sentence enhancement – Consideration of precedents and mitigating factors (age, first-offender status, relationship with victim).
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28 July 2021 |
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Court imposed 20-year imprisonment for murder, rejecting non-custodial leniency despite age and first-offender status.
Homicide sentencing — sentencing discretion within life imprisonment maximum after abolition of mandatory death penalty — sections 339 and 340 CP&EC and non-custodial options for first offenders — mitigation (age, health, first offender) vs aggravation (domestic/intimate violence, professional duty, forensic evidence) — 20-year custodial sentence.
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16 July 2021 |
| June 2021 |
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Rape conviction quashed where prosecution failed to prove lack of consent or adduce corroborative evidence.
Criminal law – Rape – Proof of lack of consent – Need for corroborative evidence where consent is disputed – Medical evidence inconclusive – Conviction quashed for insufficient evidence.
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21 June 2021 |
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Court confirmed 15-month sentence for defilement, balancing accused's youth and existence of a relationship with the victim.
Criminal law – Defilement – Confirmation of sentence on review – Sentence adequacy where accused aged 18 and victim aged 13 – evidence of relationship and medical report – inconsistencies in victim's statements.
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14 June 2021 |
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A review court enhanced an unduly lenient 10-year defilement sentence to 40 years due to victim's age, STI infection, and breach of trust.
Criminal law — Defilement (s.138(1) Penal Code) — Sentencing — Starting point 14 years — Aggravating factors: victim's age, STI infection, breach of trust — Unduly lenient sentence enhanced on review to 40 years IHL.
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14 June 2021 |
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A defilement sentence was increased on review due to abuse of trust, premeditation, and need for stronger deterrence.
Criminal law — Defilement (s.138(1) Penal Code) — Sentencing on review — Starting point increased from 14 to 20 years — Aggravating factors: abuse of trust, mature offender, premeditation — Enhancement of sentence to 42 years imprisonment.
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14 June 2021 |
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Whether a two-year burglary sentence was manifestly inadequate and required enhancement on confirmation.
Criminal law – Burglary/housebreaking – sentencing – confirmation review – adequacy of two-year term – sentencing guidelines starting point six years – sentence confirmed due to time already served.
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14 June 2021 |
| May 2021 |
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Accused convicted of murder: confession and circumstantial evidence established guilt; depression did not meet legal insanity threshold.
Criminal law – Murder by poisoning – Caution statement/confession and weight after a not guilty plea (s176(3)) – Insanity/diminished responsibility (ss 11, 12 Penal Code) – Burden on defence to prove unsoundness on balance of probabilities – Circumstantial and forensic evidence.
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26 May 2021 |
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Whether forensic and circumstantial evidence proved murder by traumatic head injury and negligent omission.
Criminal law – Murder – Forensic autopsy (subdural haemorrhage from orbital trauma) – Distinguishing assault from fall – Circumstantial evidence sufficiency – Burden and standard of proof beyond reasonable doubt – Omissions/negligence as contributory actus reus – Motive (property/testament) and post-death conduct.
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13 May 2021 |
| April 2021 |
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Conviction based on recent possession unsafe where accused’s credible explanation and uncertain transfer dates are unrebutted.
Criminal law – Burglary and theft – Recent possession of stolen goods – Rebuttable presumption – Explanation consistent with innocence – Conviction unsafe where dates and provenance of property uncertain.
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1 April 2021 |
| February 2021 |
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Accused convicted of murder; self-defence and provocation rejected; malice aforethought found based on use of a metal rod.
Criminal law – Murder – Proof beyond reasonable doubt – Post-mortem evidence and eyewitness credibility – Self-defence and provocation rejected – Malice aforethought established.
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19 February 2021 |
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Suspicion alone is insufficient under section 254 to require an accused to enter defence on a murder charge.
Criminal law — Murder — Elements (death, unlawful act/omission, malice aforethought) — Section 254 Criminal Procedure and Evidence Code — Sufficiency of prosecution case to call accused to defence — Suspicion insufficient; protection against self-incrimination.
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18 February 2021 |
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17 February 2021 |