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