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Citation
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Judgment date
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| December 1997 |
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Whether sentences for multiple quick‑succession burglaries were manifestly excessive and how to apply a premium.
Sentencing — manifestly excessive sentence; multiple burglaries — baseline sentence for burglary with occupier absent; guilty plea, youth and first-offender mitigation; premium for multiple offences; substitution of sentence (Chizumila; Millo).
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31 December 1997 |
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Court reduced a manifestly excessive five-year sentence for minor theft by lodgers, ordering immediate release.
Criminal law — Sentencing — Manifestly excessive sentence — Theft by a lodger — Proportionality, mitigating factors (first offenders, minimal value and effect) — Review and reduction of sentence.
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16 December 1997 |
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Court reduced an excessive 8-year sentence for cultivating 7 kg of Indian hemp to two years.
Dangerous Drugs Act – cultivation of Indian hemp – sentencing – quantity of drugs (7 kg) – applicability of possession sentencing guideline (Republic v
Wilson) – manifestly excessive sentence reduced
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12 December 1997 |
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Court reduced burglary sentence, holding sentencer must not punish defendant for uncharged offences or treat later escape as a prior conviction.
Criminal law – Sentencing – Burglary – extent to which uncharged violent conduct may aggravate sentence; previous convictions – conviction after the index offence not a prior conviction; sentencing starting point for burglary six years' imprisonment with hard labour.
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11 December 1997 |
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Three-year sentence for theft of a recovered bicycle was manifestly excessive and substituted with eighteen months' imprisonment.
Criminal law — Sentencing — Theft of bicycle — Whether three-year sentence manifestly excessive — Condition of recovered property and third-party loss not aggravating where owner recovers — Guideline: 18 months with hard labour (Regina v Paulo).
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10 December 1997 |