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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.

Source excerpt

  • Sexual offences
  • Appeals
  • Fresh evidence
  • Sentencing guidelines
  • Totality principle
  • Mitigating factors
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Criminal law [2020] SHCA 1

Henry, Appeal Of

Henry, Appeal Of [2020] SHCA 1 (23 January 2020)

The sentence, though severe, was not manifestly excessive and was within the trial judge's discretion, given the seriousness of the attack and the need to deter assaults on police officers. Consecutive sentences were appropriate as the offences were distinct, and the totality principle was properly considered.

Source excerpt

  • Sentencing
  • Wounding with intent to resist arrest
  • Escape from lawful custody
  • Consecutive sentences
  • Totality principle
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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.

Source excerpt

  • Sexual assault
  • Attempted rape
  • Sentencing
  • Aggravating and mitigating factors
  • Totality principle
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Criminal law [2017] SHCA 1

Thomas,R. v

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 than consecutively.

Source excerpt

  • Sentencing
  • Totality principle
  • Application of sentencing guidelines
  • Early release provisions
  • Domestic violence
  • Breach of restraining order
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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.