Thomas,R. v [2017] SHCA 1 (16 September 2017)

Thomas,R. v [2017] SHCA 1 (16 September 2017)

The sentencing judge was correct to apply the England and Wales Sentencing Guidelines and not to discount sentences for differing early release provisions. However, a small reduction in the overall sentence is warranted to reflect totality, by directing that sentences on counts 5 and 7 be served concurrently rather...

Source-derived case information.

Citation
[2017] SHCA 1
Parties
Respondent: The Queen; Appellant: Tony Malcolm Thomas
Jurisdiction
St Helena
Judgment Date
16 September 2017
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed in part
Legal Topics
Sentencing, Totality Principle, Application of Sentencing Guidelines, Early Release Provisions, Domestic Violence, Breach of Restraining Order, Assault on Police Officer
Criminal Law Sentencing Totality Principle Application of Sentencing Guidelines Early Release Provisions Domestic Violence Breach of Restraining Order Assault on Police Officer

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Parties

The Queen

Respondent

Tony Malcolm Thomas

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the sentencing judge made sufficient reduction in sentence to reflect totality
  2. 2 Whether the application of England and Wales Sentencing Guidelines was appropriate in St Helena
  3. 3 Whether sentences should be reduced to reflect different early release provisions

Ratio Decidendi

The sentencing judge was correct to apply the England and Wales Sentencing Guidelines and not to discount sentences for differing early release provisions. However, a small reduction in the overall sentence is warranted to reflect totality, by directing that sentences on counts 5 and 7 be served concurrently rather than consecutively.

Court Disposition

appeal allowed in part

Orders

  • Sentences on counts 5 and 7 to be served concurrently with other sentences
  • Overall sentence reduced from 54 months to 44 months imprisonment