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Court of Appeal reduced an aggregate sentence for rape and robbery with hurt from 17 to 15 years, while keeping 24 strokes of the cane.
The High Court convicted Micheal Anak Garing and Tony Anak Imba of murder arising from a gang robbery spree, finding common intention and admissible connected-acts evidence.
The High Court sentenced a repeat sexual and robbery offender to 42 years’ imprisonment and 24 strokes, emphasizing public protection, prior convictions, and high reoffending risk.
Balance of aggravating and mitigating factors: the accused's youth and absence of antecedents mitigated but did not outweigh serious aggravating factors (premeditation, violence, active participation and knowledge of planned rapes); guilty plea given limited weight due to circumstances; three consecutive custodial sentences not justified as exceptional, therefore only two sentences effectively ran consecutively, producing total imprisonment of 14 years and maximum 24 strokes of the cane.
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The High Court set aside a probation order for a 17-year-old robber who later shoplifted while on bail, substituting reformative training to better reflect deterrence.
The accused inflicted repeated hammer blows to the victim's head with the requisite intent to silence her, causing fatal blunt force brain injuries; the prosecution therefore proved murder under s300 beyond reasonable doubt and the defences of self-defence and sudden fight were rejected.
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