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St Helena decisions
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Coleman, Appeal Of [2020] SHCA 3 (11 September 2020)
The sentencing judge erred in categorising the offence as Category 1A harm; the correct category was 3A as no actual sexual activity occurred. After accounting for the appellant's youth, early guilty plea, and time spent on remand, the appropriate sentence was 14 weeks' custody, which equated to time already served.
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A v The Attorney General of St Helena [2019] SHSC 1 (18 July 2019)
The claim is struck out because the facts do not support an inference that the Defendant assumed responsibility for the Plaintiff or created the danger, and the law as settled by Poole precludes a common law duty of care in these circumstances. The Plaintiff's arguments based on the Constitution and estoppel are rejected as providing no legal basis for imposing such a duty.
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