St Helena Case Law: Decisions & Judgments | LexChat

St Helena Case Law

  • 18 Mar 2026

    Attorney General v Ramachandran [2026] SHSC 1 (18 March 2026)

    Citation
    [2026] SHSC 1

    The defendant's use of a broken glass as a weapon placed the offence in category B for culpability, but the harm was minor and in category 3. The starting point was 12 months' custody, reduced by one third for a guilty plea and further for prison conditions, resulting in 29 weeks' custody. Given the defendant's lack of previous convictions, low risk of reoffending, and personal circumstances, the sentence was suspended for 2 years.

    • Wounding
    • Sentencing
    • Use of weapon
    • Guilty plea discount

  • 13 Feb 2026

    Attorney General v Lawrence [2025] SHSC 1 (13 February 2026)

    Citation
    [2025] SHSC 1

    The court imposed a custodial sentence reflecting 50% of the adult sentence that would have been imposed for the offences, further reduced by 15% for prison conditions, due to the defendant's age at the time of offending and the passage of time. The offences were too serious for a non-custodial or suspended sentence.

    • Historical sexual offences
    • Sentencing guidelines
    • Sexual offences against children
    • Abuse of trust

  • 13 Feb 2026

    Attorney General v Thomas [2026] SHSC 6 (13 February 2026)

    Citation
    [2026] SHSC 6

    The seriousness of the offences, including the number and nature of images, the ages of the victims, and the aggravating features, required substantial consecutive custodial sentences, subject to reductions for guilty pleas and prison conditions, with ancillary orders for forfeiture and ongoing protection of the public.

    • Indecent images of children
    • Sentencing
    • Sexual offences
    • Forfeiture of property
    • Sex offenders prevention order

  • 28 May 2025

    Thorpe v The Attorney General [2025] SHSC 10 (28 May 2025)

    Citation
    [2025] SHSC 10

    The Supreme Court found that koi carp are included as 'domestic animals' under section 11(2) of the Animal Trespass Ordinance 1982, resolving ambiguity in favour of the accused. The police interviews did not breach constitutional rights as the appellant was sufficiently informed and had access to legal representation. The appellant's belief in the need to protect his fish was honestly held, and the means adopted were not unreasonable given the statutory defence. The convictions are unsafe and must be quashed.

    • Criminal damage
    • Firearms licensing
    • Animal trespass
    • Police interview procedure
    • Statutory definitions

  • 20 May 2025

    Peters v Attorney General of St Helena (Costs) [2025] SHSC 525 (20 May 2025)

    Citation
    [2025] SHSC 525

    The court held that, although the general rule from Herne requires a properly formulated and refused LAF application before entering a CFA, this case is exceptional and the CFA is valid and enforceable without such refusal. The Plaintiff is entitled to take out ATE insurance and recover the premium for expert reports, subject to reasonableness. The £150 hourly rate cap from Herne does not apply in this exceptional case; instead, higher rates reflecting the complexity and market rates are set for this matter alone.

    • Conditional fee agreements (cfa)
    • Legal assistance funding (laf)
    • Qualified one-way costs shifting (qocs)
    • After the event (ate) insurance
    • Costs capping
    • Exceptional cases in costs

  • 23 Mar 2025

    XY v Attorney General of St Helena [2025] SHCA 4 (23 March 2025)

    Citation
    [2025] SHCA 4

    The court held that the fresh evidence did not reveal any real inconsistency and did not render the convictions unsafe. The sentence of 20 years was not manifestly excessive given the seriousness, number, and duration of the offences. The judge's approach to harm categorisation, totality, and mitigation was within the permissible range, and any ambiguity in the sentencing remarks did not amount to error.

    • Sexual offences
    • Appeals
    • Fresh evidence
    • Sentencing guidelines
    • Totality principle
    • Mitigating factors

  • 7 Feb 2025

    Buckley v Attorney General of St Helena (Re Remedy) [2025] SHSC 522 (07 February 2025)

    Citation
    [2025] SHSC 522

    The breaches of the Plaintiff’s rights under sections 6, 7, 11(1) and 11(2) of the Constitution were caused by systemic unlawfulness in the management, operation, and policies of His Majesty’s Prison Jamestown during the relevant period. The Plaintiff is entitled to declaratory relief reflecting both specific and systemic breaches, and to compensatory and additional damages totalling £23,000, as this quantum is just and appropriate to vindicate the seriousness and duration of the breaches, their systemic nature, and their effect on the Plaintiff.

    • Detention conditions
    • Right to life
    • Right to dignity
    • Systemic unlawfulness
    • Compensatory damages
    • Vindication of constitutional rights

  • 20 Dec 2024

    Attorney General of St Helena v Francis [2024] SHCA 5 (20 December 2024)

    Citation
    [2024] SHCA 5

    Allowing land vested in the Crown under S. 112 of the Saint Helena Act 1833 to be acquired by prescription under S. 135 of the Registered Land Ordinance 1980 would affect interests conferred on the Crown by other written law and is prohibited by S. 159 of the Ordinance; therefore, Crown land so vested cannot be acquired by prescription.

    • Acquisition of crown land by prescription
    • Interpretation of statutory saving provisions
    • Vesting of land in the crown
    • Constitutional supremacy over local law

  • 3 Jun 2024

    Clingham Ellick and Fowler v AG [2024] SHCA 12 (03 June 2024)

    Citation
    [2024] SHCA 12

    The Chief Justice's Guidance recommending a 25% discount to sentences for both prison conditions and early release provisions is inconsistent with binding precedent. Courts in St Helena may reduce sentences to reflect poor prison conditions but must not discount sentences to account for differences in early release provisions. Sentencing guidelines from England and Wales may be used as a reference but are not binding, and departures are permitted with reasons. The sentences in Fowler's and Clingham's cases were increased to reflect the correct legal approach, while Ellick's application for le…

    • Sentencing guidelines
    • Prison conditions
    • Early release provisions
    • Sexual offences
    • Appeal procedure

  • 23 Feb 2024

    Solomon and Company v Crowie (Revision by Chief Justice pursuant to s73 of the Civil Procedure Ordinance 1968) [2023] SHSC 18 (23 February 2024)

    Citation
    [2023] SHSC 18

    The clause requiring the employee to pay one month's salary in lieu of notice is an unenforceable penalty clause because the employer failed to prove any actual financial loss or legitimate interest justifying the sum claimed. The clause is not a genuine pre-estimate of loss and is disproportionate. English common law on penalty clauses applies in St Helena and supports this conclusion.

    • Penalty clauses
    • Payment in lieu of notice
    • Enforceability of employment contract terms
    • Application of english common law in overseas territories