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St Helena Case Law

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Criminal law [2025] SHCA 4

XY v Attorney General of St Helena

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

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
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Criminal law [2022] SHCA 1

Sim, Appeal Of

Sim, Appeal Of [2022] SHCA 1 (13 March 2022)

The sentence was not manifestly excessive, the judge properly applied aggravating and mitigating factors, and the reduction for guilty plea was appropriately limited due to the necessity of a Newton hearing and the complainant having to give evidence.

  • Sentencing
  • Sexual assault
  • Appeals
  • Newton hearing
  • Credit for guilty plea
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Civil procedure [2014] SHSC 1C

AG v Chapman (Costs)

AG v Chapman (Costs) [2014] SHSC 1C (14 May 2014)

Neither party acted unreasonably; the Public Solicitor's instruction of counsel was reasonable, but the Attorney General's appeal was not unmeritorious. Applying the principle that costs should only be awarded where a party acts unreasonably, no order for costs is appropriate in this case.

  • Costs
  • Appeals
  • Labour regulation
  • Access to justice
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St Helena decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.