21 Oct 2024
Given the AMDP 2023 which permits judicial discretion, the facts showed a robbery resulting in death without evidence of premeditation or exceptional brutality warranting death; therefore the death sentences were disproportionate and were set aside and substituted with 35 years' imprisonment and 15 strokes of the cane for each appellant.
21 Oct 2024
Under the Abolition of Mandatory Death Penalty Act 2023 the court exercised its newly conferred discretion and held that the facts did not constitute an ‘extreme’ case warranting death; the High Court’s imposition of death was therefore set aside and substituted with a determinate prison term (35 years) and 15 strokes of the cane, to run from date of arrest.
27 Aug 2024
On the totality of the circumstantial and medical evidence the Federal Court concluded the prosecution proved beyond reasonable doubt that the respondent intentionally inflicted blunt force trauma to the child's head that was sufficient in the ordinary course of nature to cause death; the respondent was last seen with the deceased, his post-death conduct evidenced concealment and consciousness of guilt, his alibi failed to preclude presence at the scene, and premeditation or pre-existing malice is not a prerequisite for murder under s.300(c); therefore the Court restored the High Court convic…
26 Jun 2024
The Court found overwhelming evidence that the appellant had possession, control and knowledge of the cannabis (surveillance, sole control of vehicle, house rented in his name, DNA evidence and quantity indicative of distribution); the innocent carrier defence was rejected as an afterthought and for wilful blindness; conviction under s.39B(1)(a) DDA 1952 was therefore safe; exercising sentencing discretion under Act 846 the Court substituted the death sentence with life imprisonment of 30 years and 12 strokes for each count, to run concurrently from arrest date.
25 Mar 2024
The Court found the prosecution adduced overwhelming direct evidence that the accused had physical possession and the requisite knowledge of the drugs; the accused failed to prove duress as imminent, extreme and persistent and had multiple opportunities to seek help, so his defence failed on balance of probabilities; appellate court will not disturb trial judge's credibility findings; conviction affirmed and death sentence substituted under Act 846 with fixed term and whipping.
5 Feb 2024
Given the discretion under Act 846 and the presence of significant mitigating factors (marital relationship and serious marital problems), the case did not amount to the worst kind warranting death; therefore the death sentence was substituted with 33 years' imprisonment from date of arrest and 12 strokes of whipping.