Bone, Appeal Of [2019] SHCA 2 (17 January 2019)

Bone, Appeal Of [2019] SHCA 2 (17 January 2019)

There was no justification for departing from the sentencing guidelines for England and Wales in the absence of specified local circumstances. The aggravating features justified a starting point at the top of the guideline bracket, but the sentence imposed by the Chief Justice exceeded what was appropriate. The correct starting point was 7 years, reduced by one third for the early guilty plea, resulting in 56 months for assault with intent to rob, plus 6 months consecutive for using a false instrument, totaling 62 months.

Citation
[2019] SHCA 2
Parties
Appellant: Brandon Bone; Respondent: Solicitor General
Jurisdiction
St Helena
Judgment Date
17 January 2019
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Assault With Intent to Rob, Use of False Instrument, Application of Sentencing Guidelines
Criminal Law Sentencing Assault With Intent to Rob Use of False Instrument Application of Sentencing Guidelines

Case Brief

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Parties

Brandon Bone

Appellant

Solicitor General

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the Chief Justice erred in taking a starting point outside the sentencing guidelines for England and Wales
  2. 2 Whether local circumstances in St Helena justify departure from the guidelines
  3. 3 Appropriateness of the overall sentence imposed

Ratio Decidendi

There was no justification for departing from the sentencing guidelines for England and Wales in the absence of specified local circumstances. The aggravating features justified a starting point at the top of the guideline bracket, but the sentence imposed by the Chief Justice exceeded what was appropriate. The correct starting point was 7 years, reduced by one third for the early guilty plea, resulting in 56 months for assault with intent to rob, plus 6 months consecutive for using a false instrument, totaling 62 months.

Court Disposition

appeal allowed in part

Orders

  • Sentence for assault with intent to rob reduced to 56 months after one third reduction for guilty plea
  • 6 months consecutive sentence for using a false instrument affirmed