Benjamin, Appeal Of [2019] SHCA 3 (24 May 2019)

Benjamin, Appeal Of [2019] SHCA 3 (24 May 2019)

The total sentence was excessive as insufficient reduction was made for the attempted rape count and for the appellant's ill health; the sentence for attempted rape should be reduced to 3½ years, resulting in a total sentence of 5 years, which is just and proportionate.

Citation
[2019] SHCA 3
Parties
Appellant: Eric Benjamin
Jurisdiction
St Helena
Judgment Date
24 May 2019
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sexual Assault, Attempted Rape, Sentencing, Aggravating and Mitigating Factors, Totality Principle
Criminal Law Sexual Assault Attempted Rape Sentencing Aggravating and Mitigating Factors Totality Principle

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Parties

Eric Benjamin

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the total sentence imposed was too long and whether sentences should have been consecutive
  2. 2 Whether the sentences for individual offences were excessive, particularly for attempted rape
  3. 3 Whether sufficient reduction was made for the appellant's ill health and age

Ratio Decidendi

The total sentence was excessive as insufficient reduction was made for the attempted rape count and for the appellant's ill health; the sentence for attempted rape should be reduced to 3½ years, resulting in a total sentence of 5 years, which is just and proportionate.

Court Disposition

appeal allowed in part

Orders

  • Sentence on count 3 (attempted rape) reduced from 4½ years to 3½ years
  • Total sentence reduced from 6 years to 5 years