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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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Criminal law [2019] SHCA 3

Benjamin, Appeal Of

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.

  • Sexual assault
  • Attempted rape
  • Sentencing
  • Aggravating and mitigating factors
  • Totality principle
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