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Criminal law [2026] SHSC 1

Attorney General v Ramachandran

Attorney General v Ramachandran [2026] SHSC 1 (18 March 2026)

The defendant's use of a broken glass as a weapon placed the offence in category B for culpability, but the harm was minor and in category 3. The starting point was 12 months' custody, reduced by one third for a guilty plea and further for prison conditions, resulting in 29 weeks' custody. Given the defendant's lack of previous convictions, low risk of reoffending, and personal circumstances, the sentence was suspended for 2 years.

  • Wounding
  • Sentencing
  • Use of weapon
  • Guilty plea discount
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Criminal law [2026] SHSC 6

Attorney General v Thomas

Attorney General v Thomas [2026] SHSC 6 (13 February 2026)

The seriousness of the offences, including the number and nature of images, the ages of the victims, and the aggravating features, required substantial consecutive custodial sentences, subject to reductions for guilty pleas and prison conditions, with ancillary orders for forfeiture and ongoing protection of the public.

  • Indecent images of children
  • Sentencing
  • Sexual offences
  • Forfeiture of property
  • Sex offenders prevention order
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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 [2020] SHCA 3

Coleman, Appeal Of

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.

  • Sentencing
  • Sexual offences
  • Incitement
  • Child protection
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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.

  • 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.

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