Results.
9 judgments found.
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| April 2023 |
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Conviction for defilement quashed because prosecution failed to prove complainant was under sixteen.
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Criminal law — Defilement — Proof of age — Complainant’s age must be proved by medical certificate, documentary evidence or testimony of a person with personal knowledge; hearsay evidence insufficient — Conviction quashed where age not established.
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28 April 2023 |
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Court enhanced defilement sentence from 8 to 21 years, balancing youth mitigation against serious aggravating factors.
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Criminal law — Defilement — Sentencing principles — balancing offender’s youth and mitigation against aggravating factors (victim’s age and vulnerability, physical injury, intimidation) — maximum penalty life — review and enhancement of manifestly inadequate sentence.
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26 April 2023 |
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On review the court enhanced the sentence to 30 years' imprisonment with hard labour for defilement of a 12‑year‑old, given aggravating factors.
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Criminal law — Sentencing — Defilement of a child under 16 — Statutory maximum life imprisonment — Aggravating factors (age and vulnerability of victim, abuse of trust, use of force) — Sentencing trends towards stiffer penalties — Enhancement on review.
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26 April 2023 |
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26 April 2023 |
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Court enhanced sentence for defilement of an 8-year-old to 25 years, rejecting youthful-offender mitigation.
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Criminal law — Defilement of a child — Sentence enhancement — Aggravating factors: victim asleep; breach of trust; child vulnerability — Maximum penalty life — Youth and first-offender mitigation rejected — Sentencing trend towards harsher terms to protect the girl child.
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26 April 2023 |
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Guilty plea and family hardship insufficient to avoid life imprisonment where murder is heinous and defendant has a prior similar conviction.
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Criminal law — Murder — Sentencing — Life imprisonment — guilty plea and youth as mitigating factors — prior similar conviction as aggravating factor — maximum sentence reserved for worst offences — family hardship generally not exceptional mitigation.
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20 April 2023 |
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Court imposed 45-year imprisonment for defilement of a four-year-old due to severe aggravating factors and breach of trust.
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Criminal law — Defilement — Sentencing principles — 14-year starting point for defilement offences — Aggravating factors: victim’s age (4 years), breach of trust (neighbour), physical injury (broken hymen) — First offender status — Proportionality and constitutional prohibition against cruel, inhuman or degrading punishment — Need for routine psychological assessment of child victims.
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20 April 2023 |
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High Court confirmed magistrate’s prison sentences for housebreaking and theft despite mitigation claim of unpaid labour.
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Criminal law — housebreaking (s.309 Penal Code) and theft (s.278 Penal Code) — sentencing — mitigation: plea of guilty, youth, lack of prior record, recovery of property — rejection of unpaid-labour mitigation — confirmation of magistrate’s sentence.
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13 April 2023 |
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Confirmation court upheld magistrate's sentences for housebreaking and theft despite mitigation based on unpaid labour claim.
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Criminal law — Housebreaking and theft — Sentencing — Mitigation: plea of guilty, youthfulness, lack of prior record, recovery of property — Rejection of unpaid-labour mitigation — Confirmation of magistrate's sentence.
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13 April 2023 |