Read the full judgment text of CACC 000184/1997 on BabelCite. This Court of Appeal judgment was delivered on 11 July 1997 before Power V-P, Nazareth V-P, Liu JA.
Criminal law – aggravated burglary – sentence appeal – starting point – concurrency – totality – weapon of offence – illegal immigrant – plea discount – Defendant entered victim's hut at night using chopper to prize door – defendant wore victim's clothing – asked for money – did not brandish weapon – took soft drinks – victim escaped – arrested – Whether 2-year increase for weapon was excessive – held: should be 18 months – Whether partial concurrency appropriate – held: 6 months concurrent, 9 months consecutive – Appeal allowed – total sentence reduced from 57 months to 45 months
Legal issues: Increase for aggravating factor in aggravated burglary · Concurrency of sentence for immigration offence
Outcome: Appeal allowed; sentences varied.
Cited by 6 cases