Read the full judgment text of CACC 000146/2002 on BabelCite. This Court of Appeal judgment was delivered on 25 September 2002 before Stock JA, Yeung JA.
Criminal law – sentencing – burglary – persistent offender – enhancement of sentence – discount for guilty plea – The applicant pleaded guilty to burglary of a domestic premises, entering through an unlocked door – No force used, opportunistic offence – 12 previous convictions, offence committed one week after release – Judge adopted starting point 3 years, enhanced to 4.5 years for persistent offending, then applied one-third discount to reach 3 years – Court of Appeal held 50% enhancement excessive and wrong in principle – Appropriate starting point set at 3 years 6 months – One-third discount applied – Final sentence 2 years 4 months – Appeal allowed, sentence reduced.
Legal issues: Enhancement of sentence for persistent offender
Outcome: Application granted, appeal allowed, sentence reduced from 3 years to 2 years 4 months imprisonment.
Cited by 12 cases