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Citation
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Judgment date
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| November 2023 |
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Court upheld eight-year custodial sentence for arson, finding it not manifestly excessive despite appellants being first offenders.
Criminal law – Arson – Sentence – Whether sentence manifestly excessive – Aggravating factors: mob justice, planning/premeditation, total destruction of property – First offender status insufficient to warrant reduction – Offer to rebuild not a substantial mitigating factor.
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20 November 2023 |
| September 2023 |
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The accused sentenced to five years for manslaughter balancing mitigating factors against the gravity of loss of life.
Criminal law – manslaughter – sentencing principles; mitigation: first offender, guilty plea, cooperation, time in custody; aggravation: loss of life, failure to render assistance, mature age; intruder/attempted sexual assault; proportionality of sentence.
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23 September 2023 |
| April 2023 |
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Conviction for defilement quashed because prosecution failed to prove complainant was under sixteen.
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.
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.
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.
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 |
| March 2023 |
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Bail denied where seriousness and strength of prosecution’s case and flight risk outweighed breached custody time limits.
Bail — pre-trial custody limits — interest of justice — aggravated trafficking and multiple murder charges — strength of State's case — risk of abscondment — public order considerations.
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29 March 2023 |
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Sentence for rape increased from nine to twenty years due to aggravating circumstance that the victim was asleep.
Criminal law – Rape – Sentencing – Aggravating factor: victim asleep – Sentencing guidelines: five-year starting point for uncomplicated rape, higher where aggravated – Consideration of HIV/AIDS risk – Mitigation: first offender.
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8 March 2023 |
| January 2023 |
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Appeal against concurrent three-year sentences for grievous harm and theft from the person dismissed; convictions and sentences affirmed.
Criminal law – Act intended to cause grievous harm – Definition of grievous harm – fracture as grievous harm; Theft from the person – section 278 read with section 282(a) – enhanced penalty; Sentencing – whether three-year concurrent sentences excessive.
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25 January 2023 |