Results.
8 judgments found.
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| January 1996 |
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A first-time theft offender should not be denied suspension merely because the offence is commonplace or crime has increased.
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Sentencing — suspension of sentence under s.340 — first offenders — commonplaceness of offence not sufficient to refuse suspension — distinction between sentencing purposes and principles — upsurge in crime addressed by sentence severity, not denial of suspension
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31 January 1996 |
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Court increased the respondent's burglary sentence to three years, finding two years inadequate to deter crime.
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Criminal law — Burglary and housebreaking — Sentencing principles — Starting points for repeat offenders (5–6 years) — Mitigating factors reduce sentences — Public interest and deterrence may justify enhancement on review — Concurrent sentences
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29 January 1996 |
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A nine-month sentence for stealing one oxcart tyre was manifestly excessive and required suspension and release.
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Sentencing — Theft (low-value property) — Proportionality of sentence — Mitigating factors (youth, first offender) — Joint commission not automatically aggravating — Suspension of sentence
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29 January 1996 |
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25 January 1996 |
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Five-year sentence for armed, concerted rape confirmed; sentencing reasons required and guilty plea warranted only modest mitigation.
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Criminal law — Rape — Sentencing — Requirement for sentencing reasons — Weight of mitigation (youth, first offender, guilty plea) — Aggravating factors (armed, in concert, assault, humiliation) — Confirmation on review
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24 January 1996 |
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A court cannot impose disparate sentences based on untested co-defendants' statements without giving the defendant a chance to respond.
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Criminal law — Sentencing — Disparate sentences — Degree of participation — Reliance on co-defendants' or police statements — Plea of guilty requires opportunity for accused to present version — Caution with self-serving statements (R v Smith)
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24 January 1996 |
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Appeal dismissed: arrest injuries and guilty plea insufficient to outweigh aggravating group violence and injury to victim.
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Criminal law — breaking into building and committing felony — sentence — mitigating factors — injury during arrest — guilty plea reduction — starting point three years — aggravation by group, violence and injury — appeal dismissed
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11 January 1996 |
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Assessment of wrongful-death dependency damages using Cookson v Knowles method; K15,400 awarded and apportioned to dependants.
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Wrongful-death damages — assessment under Law (Miscellaneous Provisions) Act — use of Cookson v Knowles multiplicand/multiplier approach — multiplicand accepted as net sums actually provided — pre-trial and post-trial calculation — apportionment among dependants — costs awarded after default.
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10 January 1996 |