Results.
5 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 |