Results.
5 judgments found.
|
|
|
| June 2021 |
|
|
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.
|
21 June 2021 |
|
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.
|
14 June 2021 |
|
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.
|
14 June 2021 |
|
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.
|
14 June 2021 |
|
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.
|
14 June 2021 |