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St Helena Case Law

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Criminal law [2025] SHSC 1

Attorney General v Lawrence

Attorney General v Lawrence [2025] SHSC 1 (13 February 2026)

The court imposed a custodial sentence reflecting 50% of the adult sentence that would have been imposed for the offences, further reduced by 15% for prison conditions, due to the defendant's age at the time of offending and the passage of time. The offences were too serious for a non-custodial or suspended sentence.

Source excerpt

  • Historical sexual offences
  • Sentencing guidelines
  • Sexual offences against children
  • Abuse of trust
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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.

Source excerpt

  • Sexual offences
  • Appeals
  • Fresh evidence
  • Sentencing guidelines
  • Totality principle
  • Mitigating factors
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Criminal law [2024] SHCA 12

Clingham Ellick and Fowler v AG

Clingham Ellick and Fowler v AG [2024] SHCA 12 (03 June 2024)

The Chief Justice's Guidance recommending a 25% discount to sentences for both prison conditions and early release provisions is inconsistent with binding precedent. Courts in St Helena may reduce sentences to reflect poor prison conditions but must not discount sentences to account for differences in early release provisions. Sentencing guidelines from England and Wales may be used as a reference but are not binding, and departures are permitted with reasons. The sentences in Fowler's and Clingham's cases were increased to reflect the correct legal approach, while Ellick's application for le…

Source excerpt

  • Sentencing guidelines
  • Prison conditions
  • Early release provisions
  • Sexual offences
  • Appeal procedure
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Criminal law [2023] SHSC 10

Attorney General v Thomas

Attorney General v Thomas [2023] SHSC 10 (13 October 2023)

The defendant played a leading role in the importation and supply of cannabis for commercial gain, justifying concurrent sentences of 2 years and 8 months' imprisonment for importation and supply, and 1 month for cultivation. The benefit from drug trafficking was calculated at ÂŁ37,525, but the confiscation order was limited to the recoverable assets of ÂŁ24,492.17.

Source excerpt

  • Cultivation of cannabis
  • Supply of controlled drugs
  • Importation of controlled drugs
  • Confiscation of proceeds of crime
  • Sentencing guidelines
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Criminal law [2023] SHSC 8

Thomas v Attorney General

Thomas v Attorney General [2023] SHSC 8 (04 July 2023)

The sentence imposed by the Magistrates’ Court was excessive because the breach was properly categorised as a category C2 offence (minor breach, category 2 harm), not B2. The correct starting point was six months’ imprisonment, reduced to four months for the guilty plea. Aggravating factors justified the top of the C2 range, but historic convictions did not significantly increase culpability. The appeal was allowed and the sentence reduced accordingly.

Source excerpt

  • Breach of sexual offences prevention order
  • Sentencing guidelines
  • Aggravating and mitigating factors
  • Appeal against sentence
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.