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Criminal law [2019] SHCA 2

Bone, Appeal Of

Bone, Appeal Of [2019] SHCA 2 (17 January 2019)

There was no justification for departing from the sentencing guidelines for England and Wales in the absence of specified local circumstances. The aggravating features justified a starting point at the top of the guideline bracket, but the sentence imposed by the Chief Justice exceeded what was appropriate. The correct starting point was 7 years, reduced by one third for the early guilty plea, resulting in 56 months for assault with intent to rob, plus 6 months consecutive for using a false instrument, totaling 62 months.

  • Sentencing
  • Assault with intent to rob
  • Use of false instrument
  • Application of sentencing guidelines
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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.

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