Read the full judgment text of CACC 000548/1994 on BabelCite. This Court of Appeal judgment was delivered on 26 April 1995 before Hon Power, V.-P., Keith and Seagroatt, JJ..
Criminal law – kidnapping – imitation firearm – sentencing – appeal – global approach – consecutive vs concurrent sentences – victim's plea for leniency – The appellant pleaded guilty to two kidnapping offences and one offence of possessing an imitation firearm with intent to commit an arrestable offence. The trial judge imposed concurrent sentences of 10 years for kidnapping and a consecutive sentence of 4 years for the imitation firearm offence, totaling 14 years. On appeal, the Court of Appeal held that a global approach to sentencing is appropriate, as the use of a weapon is an aggravating feature of the main offence, and it is artificial to impose a consecutive sentence for the allied offence. The court reduced the starting point for kidnapping to 12 years, discounted to 7 years for the plea, cooperation, and an exceptional plea for leniency from the victim. The imitation firearm sentence was reduced to 3 years and made concurrent, resulting in a total sentence of 7 years' imprisonment.
Legal issues: Appeal against sentence for kidnapping and imitation firearm offences
Outcome: Appeal allowed; sentence reduced from 14 years to 7 years' imprisonment.
Cited by 1 case