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Citation
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Judgment date
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| 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 |