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Criminal law [2023] SHSC 2

Attorney General v Thomas

Attorney General v Thomas [2023] SHSC 2 (10 August 2023)

Given the defendant's age at the time of the offence, the severe psychological harm caused, and the aggravating factor of ejaculation, a custodial sentence is unavoidable. Applying the relevant guidelines, the appropriate sentence for an adult would be 10 years, reduced to 5 years for a juvenile, with further reductions for late guilty plea and prison conditions, resulting in a final sentence of 4 years and 1 month. A sexual offences prevention order is necessary due to ongoing risk to children.

  • Rape of a child under 13
  • Sentencing of juveniles
  • Sexual offences prevention order
  • Psychological harm
  • Credit for guilty plea
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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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