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Citation
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Judgment date
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| 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 |