Search Results for Tag : sentence
Notifications & Circulars
Accession to the Council of Europe Convention on Transfer of Sentenced Persons(05.11.2015)
The Union Cabinet has approved formally requesting the Council of Europe for India’s accession to the ‘Council of Europe Convention on the Transfer of.....
Tags : Europe, convention, sentenced prisoners, transfer, accession
News
CRIMINAL - Sessions Court can't Award Sentence Between 'Life Imprisonment' & 'Death Sentence': Karnataka HC(29.03.2019)
Karnataka High Court has held that a Sessions Court can only award either life imprisonment or death sentence in a murder case, and has no power to in.....
Tags : Karnataka High Court, Life Imprisonment, Death Sentence
CRIMINAL - Sessions Court can't Award Sentence Between 'Life Imprisonment' & 'Death Sentence': Karnataka HC(29.03.2019)
Karnataka High Court has held that a Sessions Court can only award either life imprisonment or death sentence in a murder case, and has no power to in.....
Tags : Karnataka High Court, Life Imprisonment, Death Sentence
Apex Court Commutes Man's Death Sentence to Life Imprisonment for Killing 3 Siblings in Chhattisgarh(09.03.2020)
Apex Court has commuted the death sentence awarded to a man accused of abducting and killing three minor siblings in February 2011 in Ratnapur town of.....
Tags : Apex Court, Death Sentence
Delhi Court Awards Death Sentence to Convict Ariz Khan in Batla House Encounter Case(16.03.2021)
Delhi Court has awarded death penalty to convict Ariz Khan alias Junaid in the matter relating to the Batla House encounter of 2008 where police inspe.....
Tags : Delhi Court, Batla House Encounter Case, Death Sentence
Madras HC Commutes Death Sentence of a Youngster Convicted of Murder(18.03.2021)
Madras High Court has commuted from death to life sentence the punishment imposed by a trial Court on an unemployed youngster convicted for murdering .....
Tags : Madras High Court, Commutation of Sentence
Bombay High Court Upholds Death for Man Who Raped, Killed Software Engineer(21.12.2018)
Bombay High Court has confirmed the death sentence given to Chandrabhan Sanap for the brutal rape and murder of a 23-year-old software engineer in Jan.....
Tags : Bombay High Court, Software Engineer, Death Sentence
Delhi High Court to Delhi Govt: Hold Sentence Review Board Meetings Periodically(22.10.2019)
Delhi High Court has directed the AAP Government to convene periodic meetings of the Sentence Review Board which reviews jail terms awarded and makes .....
Tags : Delhi High Court, Sentence Review Board
Rape, Murder of Ragpicker: Bombay High Court Quashes Death Sentence of Boy, Says was Juvenile in 2012(23.10.2019)
Bombay High Court has set aside the death sentence of a boy in the rape and murder case of a ragpicker, declaring him a juvenile at the time of the in.....
Tags : Bombay High Court, Death Sentence
Bombay High Court Confirms Death Sentence to Trio who Raped and Killed Teen(24.10.2019)
Bombay High Court has confirmed death penalty for three men from Ahmednagar district who had raped a 16-year-old girl multiple times and tortured her .....
Tags : Bombay High Court, Death Sentence
Calcutta HC Suspends Sentence of Imprisonment of Convicts on Grounds of Hearing of Appeal(20.10.2021)
Calcutta High Court has suspended the sentence of imprisonment imposed on two convicts on the ground that there lies no possibility of their appeals b.....
Tags : Calcutta High Court, Sentence of Imprisonment of Convicts
Karnataka HC Stays Execution of Death Sentence of Convict in Rape & Murder Case(20.10.2016)
Karnataka High Court has stayed execution of Umesh Reddy, who was sentenced to death in a rape and murder case, till Court adjudicates his plea for co.....
Tags : Karnataka High Court, Umesh Reddy, Death Sentence
Gujarat High Court Commutes Death Sentence to 25 Years in Prison for Rapist-Killer(07.08.2019)
Gujarat High Court has commuted the death sentence of a man named Dinesh Vasava to 25-years in prison for raping an eight-year-old girl and throwing h.....
Tags : Gujarat High Court, Death Sentence
Kerala HC: Government Can Commute Sentence of Imprisonment Below Minimum Prescribed Sentence(16.07.2021)
Kerala High Court has held that the Government was entitled to exercise its sovereign powers under Section 433 of Code of Criminal Procedure, 1973 to .....
Tags : Kerala High Court, Commutation of Sentence
Patna High Court Rejects Plea Moved by Ex-MLA Rajballabh Yadav for Suspension of Life Sentence(25.05.2022)
Patna High Court has rejected an interlocutory application moved by ex- MLA Rajballabh Yadav under Section 389(1) CrPC for suspension of sentence. The.....
Tags : Patna High Court, Life Sentence, Rape, Minor
Allahabad HC: Close Relative Who's Natural Witness of Crime Can't Be Considered as Interested Witness(26.05.2022)
Allahabad High Court while observing that a close relative who is a natural witness, cannot be recorded as an interested witness has upheld the life s.....
Tags : Allahabad High Court, Natural witness, Life Sentence
Allahabad HC Directs State Government to Consider Case of Life Convicts in Murder Case for Remission(27.05.2022)
Allahabad High Court while upholding life sentence of two accused in a 42 years old murder case, has directed the State Government to consider their c.....
Tags : Allahabad High Court, Life Sentence, Remission
Delhi Court Awards First Death Sentence in 1984 Anti-Sikh Riots Case(21.11.2018)
A Delhi court has awarded death sentence to convict Yashpal Singh and ordered life imprisonment to Naresh Sherawat, for killing two men during 1984 an.....
Tags : Death Sentence, 1984 Anti Sikh Riots
SLP Against Death Sentence Not to be Dismissed Without Giving Reasons: SC(23.11.2018)
Supreme Court has held that Special Leave Petitions filed in those cases where death sentence is awarded by the courts below, should not be dismissed .....
Tags : Supreme Court, Special Leave Petition, SLP Against Death Sentence, Death Sentence
Psychological Evaluation of Criminal to be Done Before Awarding Death Sentence: SC(30.11.2018)
Supreme Court has held that, before awarding death sentence, a proper psychological/psychiatric evaluation is to be done by courts to assess probabili.....
Tags : Supreme Court, Psychological Evaluation of Criminal, Death Sentence
SC: Compromise Between Accused and Victim Cannot be Solitary Basis to Reduce Sentence(21.09.2021)
Supreme Court has observed that compromise between accused and victim cannot be the solitary basis to reduce sentence awarded for non-compoundable of.....
Tags : Supreme Court, Reduction of Sentence
Madras HC Confirms Conviction and Life Sentence for Gang Rape of Dalit Woman(27.09.2021)
Madras High Court has confirmed the conviction and life sentence imposed by a trial court on four men for gang-raping a Dalit woman at Namagiripet in .....
Tags : Madras High Court, Sentence for Gang Rape of Dalit Woman
Delhi HC Sets Aside Murder Conviction & Life Sentence of Man Who Was Unrepresented by Lawyer(14.09.2022)
Delhi High Court while setting aside the orders of conviction for murder and sentence of life imprisonment awarded to a man in 2018 who was unrepresen.....
Tags : Delhi High Court, Life Sentence, Remand
Chhattisgarh HC Confirms Death Sentence to Man Accused of Rape & Murder of Minor Girl(24.02.2020)
Chattisgarh High Court has held that "depravity of crime" & "aggravating factors" outweigh reasons for mitigation of death penalty sentence in rarest .....
Tags : Chhattisgarh High Court, Death Sentence
P&H HC Allows Petitions Seeking Suspension of Sentence in NDPS Cases(14.01.2022)
Punjab and Haryana High Court has allowed 10 petitions filed seeking suspension of sentence in cases under the Narcotics Drugs and Psychotropic Substa.....
Tags : Punjab and Haryana High Court, Suspension of Sentence in NDPS Cases
Orissa High Court Dismisses Dara Singh's Plea for Reduced Sentence in Murder Case(14.01.2022)
Orissa High Court has dismissed a petition moved by Dara Singh alias Rabindra Pal Singh seeking modification of his life imprisonment in a case pertai.....
Tags : Orissa High Court, Reduced Sentence in Murder Case
Sikkim HC: Can’t Reduce Sentence if Trial Court Awarded Minimum Punishment Prescribed by Statute(06.12.2022)
Sikkim High Court has held that minimum sentence prescribed by the statute has to be imposed on the guilty and it cannot be reduced by the Appellate C.....
Tags : Sikkim High Court, Minimum Sentence, Appellate Court
Bombay HC Reduces Life Sentence of Man Who Killed Wife in Sudden Quarrel Over Improperly Cooked Meat(08.12.2022)
Bombay High Court while reducing the sentence of a man who killed his wife over improperly cooking meat, has held that it was a case of sudden quarrel.....
Tags : Bombay High Court, Life Sentence, Rigorous Imprisonment, Wife, Sudden Quarrel
Karnataka HC : Sentences can be Made Concurrent Only if Offences Arise Out of Single Transaction(30.03.2021)
Karnataka High Court has held that only substantive sentences can be made as concurrent if it is of a single transaction. If the transaction is differ.....
Tags : Karnataka High Court, Sentences
Calcutta HC Dismisses Plea of Legal Insanity, Upholds Life Sentence of Man for Murdering Mother(01.02.2022)
Calcutta High Court has upheld the life sentence awarded to a man for murdering his mother by dismissing his plea of legal insanity. The Court has fur.....
Tags : Calcutta High Court, Life Sentence of Man for Murdering Mother
Allahabad HC Sets Aside Life Sentence of Murder Convicts in Aligarh Gandhi Park Murder(02.02.2022)
Allahabad High Court has set aside the life sentence of two murder convicts, including a woman in connection with the murder of a youth in Aligarh's G.....
Tags : Allahabad High Court, Life Sentence of Murder Convicts
Allahabad HC Sets Aside Life Sentence of Murder Convict Due to False Statement of Eyewitness(07.02.2022)
Allahabad High Court has set aside the life sentence of a murder convict in a case that dates back to the year 1998, after concluding that the testimo.....
Tags : Allahabad High Court, Life Sentence of Murder Convict
Cal. HC Upholds Life Sentence of Pakistani National Arrested Carrying Highly Explosive Substances(03.02.2023)
Calcutta High Court has upheld life sentence awarded to a Pakistani national belonging to terrorist organization Al-Badar, who was found to have enter.....
Tags : Calcutta High Court, Life Sentence, Pakistani National
Bombay High Court Upholds Life Sentence on Alcoholic for Killing Mother(03.08.2015)
Bombay High Court has upheld the life sentence awarded to a man for killing his mother by setting her on fire after she refused to give him money to b.....
Tags : Bombay High Court, Life Sentence, Alcoholic
Madras High Court Denies Suspension of Life Sentence(07.08.2015)
Madras High Court Bench at Madurai has denied suspension of life sentence imposed on a 25-year-old accused, charged of trespassing and murder of dec.....
Tags : Madras High Court, Life Sentence
Delhi HC Dismisses Ansal Brothers' Pleas Seeking Suspension of Sentence in Evidence Tampering Case(16.02.2022)
Delhi High Court has dismissed the pleas filed by real estate barons, Sushil Ansal and Gopal Ansal, seeking suspension of their seven-year jail term i.....
Tags : Delhi High Court, Suspension of Sentence in Evidence Tampering Case
Allahabad HC Commutes Death Sentence to 4 People in 27- Year Old Murder Case(24.02.2022)
Allahabad High Court has commuted the death sentence awarded to 4 people in a 27-year-old murder case while noting that the case did not fall in the c.....
Tags : Allahabad High Court, Commutation of Death Sentence
SC Upholds Life Sentence of Mother Convicted for Killing Her 5 Year old Child(24.02.2023)
Supreme Court while observing that they ought not to re-appreciate evidence to examine correctness of finding of fact unless there is manifest illegal.....
Tags : Supreme Court, Life Sentence, Mother
SC Sets Aside Death Sentence of Person Convicted for Rape-Murder Found to be Juvenile(06.03.2023)
Supreme Court has set aside death sentence imposed on a convict for rape and murder of a minor girl after he was found to be juvenile at time of offen.....
Tags : Supreme Court, Rape, Murder, Juvenile, Death Sentence
Bombay HC Gives Nod to Death Sentence of Man Who Killed Daughter for Performing Inter-Caste Marriage(14.08.2019)
Bombay High Court has confirmed the death sentence awarded to Eknath Kumbharkar who was convicted of killing his nine months pregnant daughter by stra.....
Tags : Bombay HC,Death Sentence
Gujarat High Court Modifies Life Sentence of Man to 10 Year Jail Term(19.08.2019)
Gujarat High Court has saved a man, named Kamaruddin Mansuri, who murdered his wife by setting her on fire over a petty dispute on 'dal', and was sent.....
Tags : Gujarat High Court, Life Sentence
Gujarat HC Refuses to Suspend Sentence of Man Convicted for Acid Attack(28.07.2021)
Gujarat High Court has refused to suspend the sentence of a man convicted under Section 326A of the Indian Penal Court, 1860 stressing that the Court .....
Tags : Gujarat High Court, Suspension of Sentence of Man Convicted for Acid Attack
Bombay HC: Victim May Seek Enhancement of Accused’s Sentence by Filing Revision Application(14.06.2022)
Bombay High Court has held that a victim can seek enhancement of her/ his offender's sentence only through a revision application and not by filing an.....
Tags : Bombay High Court, Revision, Sentence
MP HC Commutes Death Sentence of Man Convicted for Rape And Murder of 4 Year Old(17.06.2022)
Madhya Pradesh High Court has commuted death sentence of a man convicted for rape and murder of a 4-year-old girl. The Court held that since the convi.....
Tags : Madhya Pradesh High Court, Death Sentence, Rehabilitation
SC: Plea Bargaining Should Also Include Offence Bargaining and Not Just Sentence Bargaining(26.07.2023)
Supreme Court while observing that India has only incorporated sentence bargaining and not offence bargaining, has stated that such selective incorpor.....
Tags : Supreme Court, Plea Bargaining, Sentence Bargaining, Offence Bargaining
Post Conviction Mental Illness is Mitigating Factor to Commute Death Sentence: SC(16.04.2019)
Supreme Court has held that post conviction mental illness will be a mitigating factor while considering appeals of death convicts and commuted death .....
Tags : Supreme Court, Death Sentence
Pre-Sentence Hearing on Separate Date Not Mandatory: SC(17.04.2019)
Supreme Court has observed that there is no bar on pre-sentencing hearing taking place on same day after passing judgment of conviction, if accused an.....
Tags : Supreme Court, Pre-Sentence Hearing
Rajasthan HC: Applications for Sentence Suspension Not 'Extreme Urgent Matters' During Lockdown(01.04.2020)
Rajasthan High Court has directed the Registry to not list applications for bail and sentence suspension under the category of 'extreme urgent matters.....
Tags : Rajasthan High Court, Applications for Sentence Suspension
Allahabad HC Suspends Sentence of Two Murder Convicts Amidst COVID-19 Outbreak(01.04.2020)
Allahabad High Court has temporarily suspended the sentence of two murder convicts on their susceptibility to contracting an infection, amidst the out.....
Tags : Allahabad High Court, Sentence Suspension of Murder Convicts
J&K HC Refuses to Suspend Sentence of 3 Convicts in Deputy Advocate General Murder Case(04.06.2021)
Jammu and Kashmir High Court has refused to suspend the sentence for the three convicts in the 2008 Deputy Advocate General Murder case. The Court has.....
Tags : Jammu and Kashmir High Court, Suspension of Sentence
SC: No Minimum Sentence Prescribed for Conviction Under Section 304(A) and 338 of IPC(06.09.2024)
Supreme Court has held that for conviction under Section 304(A) and Section 338 of the Indian Penal Code, 1860 , there is no minimum sentence prescrib.....
Tags : Supreme Court, Minimum Sentence, S. 304(A) of IPC
Madras HC Sets Aside Life Sentence of Chennai-based Vegetable Vendor(07.11.2016)
Madras High Court has set aside conviction and life sentence imposed on a Chennai-based vegetable vendor for charge of poisoning to death a 27-year-ol.....
Tags : Madras High Court, vegetable vendor, life sentence
Madhya Pradesh High Court Sentences Death Penalty in Yet Another Child-Rape Case(29.10.2018)
Madhya Pradesh High Court has yet again commuted the death sentence in a rape case, this time to a man accused of raping a five-year-old.
Tags : Madhya Pradesh High Court, Death Sentence
SC: Bodily Injury Not Necessary for Offence Under Section 121A of IPC(14.07.2022)
Supreme Court while upholding the conviction and life sentence of four persons for causing the terror attack at the IISC Bengaluru in December 2005, h.....
Tags : Supreme Court, Section 121A, Life Sentence
SC: Only When Conviction Arise Out of the Single Transaction, Concurrent Sentence Would be Merited(02.08.2023)
Supreme Court while observing that only when the conviction arise out of the single transaction, concurrent sentence would be merited, has held that i.....
Tags : Supreme Court, Conviction, Concurrent Sentence
Cal. HC to Sentence Review Board: Reconsider Remission Plea of Man Who Has Spent 23 Yrs in Jail(31.07.2023)
Calcutta High Court has directed West Bengal State Sentence Review Board to reconsider petition for remission of a man who has spent 23 years in jail,.....
Tags : Calcutta High Court, Sentence Review Board, Remission, NHRC Guidelines
Supreme Court: Life Sentence Means Imprisonment Till End of Life(28.12.2016)
Supreme Court has refused to dilute its zealously adhered principle, ‘life sentence means imprisonment till the end of life’, and rejected a plea for .....
Tags : Supreme Court, Life Sentence, Imprisonment
MP HC Commutes Death Sentence of Man to Life Imprisonment on Lack of Effective Hearing(14.09.2021)
MP HC has commuting the death sentence awarded to a man to life imprisonment. The Court has noted that no sufficient opportunity was given to accused .....
Tags : Madhya Pradesh High Court, Commutation of Sentence
Kar. HC: Minimum Sentence U/S 135 of Electricity Act Can’t be Less Than 3 Times the Financial Gain(14.08.2023)
Karnataka High Court has observed that minimum sentence under Section 135 of the Electricity Act, 2003 for the first conviction cannot be less than th.....
Tags : Karnataka High Court, Minimum Sentence, Electricity Act
SC Refuses Petition Seeking Abolition of Death Sentence(15.03.2016)
SC has refused to re-examine Constitutional validity of death sentence in light of evolving jurisprudence across world to do away with extreme punishm.....
Tags : SC, Death Sentence
Death Sentence Only When Alternative Option is Unquestionably Foreclosed: SC(28.01.2019)
Supreme Court has commuted death penalty to a man accused of rape and murder of a nine year old girl and observed that even though manner of commissio.....
Tags : Supreme Court, Death Sentence
SC: Appeal Against Composite Sentence of Imprisonment and Fine Does Not Abate on Death of Accused(22.01.2020)
Supreme Court has observed that, if the Accused-Appellant dies during the pendency of a criminal appeal against a composite sentence of imprisonment a.....
Tags : Supreme Court, Appeal against Composite Sentence of Imprisonment and Fine
Supreme Court Commutes Death Sentence in a Triple Murder Case(14.12.2021)
Supreme Court has commuted the death penalty awarded to a man convicted for triple murder in an appeal filed by the convict against the Madhya Prades.....
Tags : Supreme Court, Commutation of Sentence
P&H HC: Not Counting Covid-19 Parole Period Towards Sentence Would Violate Article 21(18.10.2023)
Punjab and Haryana High Court has observed that exclusion of special involuntary covid-19 parole in the actual sentence puts prisoners at a disadvanta.....
Tags : Punjab and Haryana High Court, Parole, Sentence
Bombay HC: Even if Accused Pleads Guilty, Courts not Authorized to Award Less than Minimum Sentence(03.10.2019)
Bombay High Court has ruled that even if the Accused pleads guilty Courts are not empowered to impose a sentence below the minimum sentence prescribed.....
Tags : Bombay HC, Sentence
Supreme Court Affirms Death Sentence Awarded to Man for Raping, Murdering 2 Year Old Girl(04.10.2019)
Supreme Court has upheld the death sentence awarded to a man for raping and murdering a two-year-old girl in 2012 saying he had no control over his "c.....
Tags : Supreme Court, Death Sentence
Madras HC Commutes Death Sentence Imposed on Former Professor of Business Administration(31.08.2021)
Madras High Court has commuted to life, the death sentence imposed on a former professor of business administration for having murdered his wife at an.....
Tags : Madras High Court, Death Sentence Imposed on Former Professor of Business Administration
P&H HC: Power to Grant Bail Cannot be Deployed as a Mechanism to Impose Sentence(26.07.2022)
Punjab and Haryana High Court while granting bail to an accused charged with offences under the Central GST Act, 2017, has held that the power to gran.....
Tags : Punjab and Haryana High Court, Central GST, Bail, Sentence
P&H HC: Only High Court and Supreme Court can Pass Life Sentence for Full Life(04.10.2023)
Punjab and Haryana High Court while observing that trial Court passing sentence to undergo life imprisonment for full life, is in violation of SC judg.....
Tags : Punjab and Haryana High Court, Life Sentence, Full Life
CRIMINAL - Death Sentence Only When Life Term is Inadequate: SC(13.03.2019)
Supreme Court, while commuting death sentence awarded to a man convicted for rape and murder of a five year old girl, has observed that death sentence.....
Tags : Supreme Court, Life Imprisonment, Death Sentence
SC Refers Issue on Guidelines on Mitigating Factors While Imposing Death Penalty to 5 Judge Bench(19.09.2022)
Supreme Court has referred to a five judge bench, suo motu case "In Re Framing Guidelines Regarding Potential Mitigating Circumstances To Be Considere.....
Tags : Supreme Court, Guidelines, Mitigating Circumstances, Death Sentence
SC: No Rule that Requires Accused to Undergo Sentence Before his Plea for Suspension is Considered(07.11.2023)
Supreme Court while hearing an SLP against High Court refusing to suspend sentence, has held that there is no hard and fast rule which requires an acc.....
Tags : Supreme Court, Suspension, Sentence
Bombay HC Upholds Life Sentence to Vehicle Thief Who Killed Constable(05.02.2016)
Bombay HC, while observing that no exception can be made and conviction cannot be altered with lesser punishment, has upheld life sentence handed down.....
Tags : Bombay HC, Life Sentence
Gujarat High Court Upholds Death Sentence to Man for Raping, Killing 3-Yr-Old Surat Girl(27.12.2019)
Gujarat High Court has upheld a lower court's order of death sentence to a man for raping and murdering a three-year-old girl in Surat in October last.....
Tags : Gujarat High Court, Death Sentence
Delhi HC Upholds Life Sentence of Man Who Shot Dead DU Student for Opposing His Advances(01.11.2022)
Delhi High Court has upheld the conviction and life sentence handed down to a man, who had shot dead Delhi University student Radhika Tanwar in 2011 f.....
Tags : Delhi High Court, Life Sentence, Murder
Delhi HC Upholds Life Sentence of 3 Accused for Raping Minor in 2011(04.11.2022)
Delhi High Court while rejecting prayer for remission has upheld the life sentence awarded to three men for raping a minor girl in 2011 who was first .....
Tags : Delhi High Court, Life Sentence, Rape
Magistrate Shall Specify Whether Sentences Would Run Concurrently or Consecutively in Order: SC(18.02.2019)
Supreme Court has held that it is a mandatory legal requirement to specify whether sentences awarded to an accused convicted for two or more offences,.....
Tags : Supreme Court, Sentences Would Run Concurrently Or Consecutively
Lahore High Court Returns Pervez Musharraf’s Plea on Death Sentence(02.01.2020)
Lahore High Court has returned Pakistan’s former military dictator General (retired) Pervez Musharraf’s application challenging his death sentence in .....
Tags : Lahore High Court, Death Sentence
Delhi High Court Seeks Aam Aadmi Party Govt’s Reply on Plea Against No Sentence Review Board Meet(09.01.2020)
Delhi High Court has sought the Aam Aadmi Party Government’s stand on a plea alleging that meetings of Sentence Review Board were not held every quart.....
Tags : Delhi High Court, Sentence Review Board
Bombay HC Confirms Death Sentence for Rape and Murder of 3 Year Old(26.11.2021)
Bombay High Court has confirmed the death sentence awarded to a convict who raped and murdered a 3 year 9 months old girl, who had ventured out of her.....
Tags : Bombay High Court, Death Sentence for Rape and Murder of 3 Year Old
Kerala High Court Reduces Sentence Awarded to Former Priest to 10 Yrs Imprisonment(01.12.2021)
Kerala High Court has reduced the sentence imposed on former priest Robin Mathew Vadakkumchery in the infamous Kottiyoor rape case that had shaken the.....
Tags : Kerala High Court, Sentence Awarded to Former Priest
Delhi HC Sets Aside Life Sentence of Accused 18 Years After Murder Conviction(28.11.2022)
Delhi High Court has set aside the life sentence of a murder convict after he took the plea of juvenility during the pendency of his appeal, as ossifi.....
Tags : Delhi High Court, Ossification Test, Life Sentence
Bombay HC Sets Aside Life Sentence; Says Father Had No Intention to Kill in an Honour Killing Case(17.10.2022)
Bombay High Court set aside the life sentence awarded to a carpenter and his son in an honour killing case and instead ruled them guilty of culpable h.....
Tags : Bombay High Court, honour killing, culpable homicide, life sentence
Death Sentence a Measure of Social Necessity for Deterring Other Potential Offenders: MP HC(11.05.2018)
Madhya Pradesh High Court has observed that it considers death sentence as a measure of social necessity and also a mean of deterring other potential .....
Tags : Madhya Pradesh High Court, Death Sentence
Supreme Court Frames Guidelines for Speeding up Process of Hearing Pleas Against Death Sentences(17.02.2020)
Supreme Court has framed a set of guidelines that mandate the Apex Court benches to hear Appeals challenging decisions of High Courts confirming the a.....
Tags : Supreme Court, Guidelines for Speeding up Death Sentence Pleadings
Supreme Court Commutes Death Sentence in a Triple Murder Case(14.12.2021)
Supreme Court has commuted the death penalty awarded to a man convicted for triple murder in an appeal filed by the convict against the Madhya Prades.....
Tags : Supreme Court, Commutation of Sentence
Delhi HC Issues Notice on Ansal’s Plea Challenging Trial Court Order Refusing to Suspend Sentence(15.12.2021)
Delhi High Court has issued notice on the pleas filed by real estate barons Sushil Ansal and Gopal Ansal challenging a trial court order which had ref.....
Tags : Delhi High Court, Order Refusing to Suspend Sentence
SC: Suspend Sentence Normally When Appeal Unlikely to Be Heard Before Completion of Sentence(07.02.2024)
Supreme Court has restated that Courts should generally suspend sentences and grant bail in cases where an appeal challenging the conviction is unlike.....
Tags : Supreme Court, Completion of Sentence, Suspension of Sentence
Bombay HC Commutes Death Sentence of 2 Sisters for Murdering and Kidnapping Children(19.01.2022)
Bombay High Court has commuted the death sentence of two sisters for murdering and kidnapping children between 1990 and 1996 in Kolhapur to life impri.....
Tags : Bombay High Court, Commutation of Sentence, 2 Sisters
Supreme Court Commutes Death Sentence of Man Convicted of Rape & Murder of 11 Year Old Girl(19.01.2022)
Supreme Court has commuted death sentence awarded on a man convicted of rape and murder of eleven year old girl. The Court has taken into account the .....
Tags : Supreme Court, Commutation of Sentence, Rape & Murder of 11 Year Old Girl
Rajasthan HC Reduces Sentence Awarded to 82 Year Old Woman to Period Served(24.01.2022)
Rajasthan High Court has reduced sentence awarded to an 82 year old woman charged under 498A IPC to the period already served by her which is nearly t.....
Tags : Rajasthan High Court, Reduction of Sentence
SC Commutes Death Sentence to Life Imprisonment of Murder Convicts(27.04.2020)
Supreme Court has commuted the death sentence of two convicts convicted for murdering an eight-year-old son of a dentist couple in Nagpur in 2014 afte.....
Tags : Supreme Court, Commutation of Death Sentence
Delhi High Court: Imposing Inadequate Sentence Harms Justice System(13.06.2017)
Delhi High Court has refused to reduce sentence awarded to a 45 year old man convicted for raping and attempting to murder his ex-employer’s daughter-.....
Tags : Delhi High Court, Inadequate Sentence
Gujarat High Court Saves Man from Death Sentence, Sends Him to Prison for 30 Years(02.07.2019)
Gujarat High Court has refused to uphold the death sentence awarded to a 38-year-old man for kidnapping, raping, and murdering a six-year-old girl. Ho.....
Tags : Gujarat High Court, Death Sentence
Punjab and Haryana HC Criticises Lower Court For Awarding Lesser Sentence in Rape Case(14.08.2015)
Punjab and Haryana HC has criticised local court for convicting rape accused under wrong Section of Indian Penal Code, resulting in a milder sentence.....
Tags : Punjab and Haryana HC,Lesser Sentence in Rape Case
Bombay High Court Confirms Life Sentence of Accused Who Killed His Grandmother(18.08.2015)
Bombay High Court has confirmed life sentence of a 34-year-old man charged with murdering his 85-year-old grandmother because he did not want to look .....
Tags : Bombay High Court,Confirms Life Sentence
Bombay High Court Confirms Life Sentence of Man for Killing Pregnant Wife(19.08.2015)
Bombay High Court has confirmed life sentence awarded to a man for killing his pregnant wife by setting her afire for not meeting his dowry demands.
Tags : Bombay High Court,confirmed life sentence
P&H HC: Norm on Mandatory Custody for Suspension of Sentence in NDPS Cases Should be Relaxed(18.03.2023)
Punjab & Haryana High Court has held that norm of minimum mandatory period of custody of 6 yrs for grant of relief of suspension of sentence where the.....
Tags : Punjab & Haryana High Court, Narcotics, Mandatory Custody, Suspension of Sentence
P&H HC Confirms Death Sentence Imposed on Haryana Women & Her Lover For Murdering 7 Members of Family(19.07.2018)
Punjab and Haryana High Court has confirmed death sentence awarded to a Haryana woman and her boyfriend for poisoning and strangulating seven members .....
Tags : Punjab and Haryana High Court, Death Sentence
Madras HC: ‘Already Undergoing Sentence' to Mean Physical Detention Due to Execution of Sentence(13.05.2020)
Madras High Court has interpreted the word "already undergoing a sentence" under Section 427 of the Code of Criminal Procedure, 1973 as physical deten.....
Tags : Madras High Court, ‘Already Undergoing Sentence'
All. HC: Life Sentence of Man Who Raped 5 Year Old Girl, Modified for His ‘Precarious’ Financial Situ(31.05.2024)
Allahabad High Court has modified the sentence of a man who committed rape of a five year old, from life imprisonment to 14 years of rigorous imprison.....
Tags : Allahabad High Court, Life Sentence, Financial Situation
Allahabad HC Relies Upon Extra-Judicial Confession of Wife to Confirm Life Sentence(05.04.2022)
Allahabad High Court has upheld the life sentence awarded to a wife who killed her husband in concert 18 years back with two others by relying upon he.....
Tags : Allahabad High Court, life sentence, extra-judicial confession, 18 years, voluntary, trustworthy
SC: Const. Courts Can Impose Life Sentence for Fixed Term Without Remission(30.03.2023)
Supreme Court has held that even in case where capital punishment is not imposed, Constitutional Courts can impose fixed term sentence by directing th.....
Tags : Supreme Court, Life Sentence, Remission, Capital Punishment, Constitutional Courts
SC Refuses to Commute Death Sentence of Balwant Singh Rajoana(03.05.2023)
Supreme Court has declined to commute the death penalty of BKI terrorist Balwant Singh Rajoana to life imprisonment on the ground of long pendency of .....
Tags : Supreme Court, Death Sentence, BKI Terrorist
SC: Sentence Can be Suspended U/S 389 CrPC Only if Convict Has Fair Chances of Acquittal(04.05.2023)
Supreme Court has held that in order to suspend sentence under Section 389 of CrPC only if Court can arrive at a prima facie satisfaction that the con.....
Tags : Supreme Court, CrPC, Sentence, Acquittal
Ker. HC: HC Can Order Mitigation Investigation at Appellate Stage Even Before Upholding Conviction(12.05.2023)
Kerala High Court while considering death sentence references observed that there will be serious issues and delay if study process is commenced only .....
Tags : Kerala High Court, Mitigation Investigation, Conviction, Death Sentence
SC: When Sentence Imposed is for Fixed Term, Court Should Consider Suspension of Sentence(05.07.2024)
SC has observed that law is well settled that if sentence imposed by trial court is for a fixed term, then ordinarily the appellate court should consi.....
Tags : Supreme Court, Suspension of Sentence, Trial Court
SC: Suspension of Sentence Can Only be Granted if it is Apparent that Conviction is Unsustainable(08.07.2024)
Supreme Court has observed that in the case of life imprisonment, suspension of such sentence can only be granted if it prima facie appears that the c.....
Tags : Supreme Court, Life Imprisonment, Suspension of Sentence
Bombay High Court Confirms Rapist's Sentence, 23 Years After the Incident(28.09.2015)
Bombay High Court has confirmed seven-year sentence to a man for raping a relative, almost 23 years after incident took place.
Tags : Bombay High Court,Rapist's Sentence
Supreme Court Orders Death Sentence to Man for Raping and Killing Minor Girl(02.08.2019)
Supreme Court has sent a man to the gallows for "horribly" gang-raping a 10-year-old girl along with a co-accused and killing her and her seven-year-o.....
Tags : Supreme Court, Death Sentence
SC: If Acquittal is Reversed, Appellate Court Should Hear Accused Separately for Quantum of Sentence(21.04.2023)
Supreme Court has observed that when appellate court reverses the order of acquittal passed by trail court, appellate court was obliged under law to h.....
Tags : Supreme Court, Acquittal, Quantum of Sentence
SC: Prosecution Must Inform Trial Court About Accused’s Background if it is Proposing Death Sentence(24.04.2023)
Supreme Court has observed that wherever prosecution is of opinion that crime an accused is convicted for is so grave that death sentence is warranted.....
Tags : Supreme Court, Death Sentence, Evaluation
Orissa HC Upholds Life Sentence To Man For Murder of Cousin Brother(20.05.2022)
Orissa High Court has upheld the conviction of a person, who was sentenced to life for committing murder of his cousin-brother and observed that it is.....
Tags : Orissa High Court, Murder, Life Sentence, Close Relatives
Allahabad HC Upholds Life Term of Accused in National Badminton Champion Syed Modi Murder Case(01.07.2022)
Allahabad High Court has upheld the life sentence awarded to an accused for the murder of an eight-time National Badminton Champion Syed Modi, who rep.....
Tags : Allahabad High Court, Syed Modi Murder Case, Life Sentence
Bombay HC Refuses Temporary Suspension of Sentence on Medical Grounds to Murder Convict(17.10.2016)
Bombay High Court has refused to grant a temporary suspension of sentence on medical grounds to a woman convicted of murder.
Tags : Bombay High Court, suspension of sentence
Supreme Court Stays Execution of Death Sentence of Two Men(19.10.2016)
Supreme Court has stayed hanging of two men convicted of kidnapping and killing 16-year-old son of a Hoshiarpur based Goldsmith in 2005.
Tags : Supreme Court, Death Sentence
Delhi HC: Convict Not Entitled to Remission of Sentence While Undergoing Sentence(07.07.2021)
Delhi High Court has held that a convict is not entitled to remission of sentence while he is undergoing sentence in default of payment of fine under .....
Tags : Delhi High Court, Convict Not Entitled to Remission of Sentence
SC: Penetrative Sexual Assault Against Child Below 12 Years is Aggravated Sexual Assault(06.07.2023)
Supreme Court while observing that if accused commits ‘penetrative sexual assault’ on a child below twelve years it is ‘aggravated penetrative sexual .....
Tags : Supreme Court, Penetrative Sexual Assault, Aggravated Sexual Assault, Minimum Sentence
SC: Can’t Deny Suspension of Sentence to Accused Only Because Another Trial is Pending(07.10.2024)
Supreme Court has observed that mere pendency of the other trial where the appellant is an accused cannot be regarded as sufficient for denying him th.....
Tags : Supreme Court, Suspension of Sentence, Other Trial
Judgments
Court is within powers to direct that subsequent sentence shall run concurrently with previous sentence(03.10.2016)
Appellant was involved in committing thefts was charged of having committed offences on different occasions and was separately tried for offences puni.....
Tags : Conviction, Sentences, Quantum
Apology offered at time when the contemnor finds that Court is about to impose punishment, is no apology(19.12.2016)
In instant contempt appeal, Appellants are aggrieved by order passed by Single Judge holding them guilty of contempt of court and sentencing them to s.....
Tags : Contempt, Guilty, Sentence
Intent and knowledge is must for crime to fall under Section 304 Part I of Indian Penal Code(14.02.2017)
In present case, Trial Court observed that, Appellants acted with common intention to commit murder of deceased and found that, prosecution has proved.....
Tags : Conviction, Sentence, modification
Accused committed murder of pregnant daughter sentenced to undergo imprisonment for life(28.02.2017)
Instant criminal appeal arises from judgment and final order passed by High Court of Karnataka wherein High Court has set aside order of acquittal pas.....
Tags : Sentence, Reduction, Validity
Substantive sentences imposed upon Appellant in three separate prosecutions, are to run concurrently(11.07.2017)
In facts of present case, Appellant was a Peon in office of Sub Registrar, Vazhoor. He was alleged to have misappropriated Rs. 92,225/- from public fu.....
Tags : Sentence, Imposition, Validity
Burden is on accused to prove facts which is within his knowledge(06.07.2017)
Appellant in present appeal is sole accused in Sessions Case, on file of Sessions Judge. He stood charged for an offence under Section 302 of Indian P.....
Tags : Conviction, Sentence, Validity
Juvenile at time of offence exempt from sentence(07.08.2015)
The Supreme Court released a person imprisoned for 10 years, after he was declared a juvenile at the time of the offence. The Petitioner had failed to.....
Tags : juvenile, exempt, sentence
Gravity of crime, motive for crime, nature of crime and all other attending circumstances have to be borne in mind while imposing sentence(01.08.2018)
Judgment passed by the High Court of Judicature at Rajasthan is questioned in present appeal by the State with the prayer for enhancement of sentence......
Tags : Sentence, Reduction, Legality
Waiver of imprisonment in lieu of payment of additional compensation is permissible, though under exceptional circumstances(10.10.2018)
In present matter, the original complainant instituted a complaint under Section 138 of the Negotiable Instruments Act, 1881 ('Act') against the Petit.....
Tags : Liability, Discharge, Sentence, Legality
Imposition of appropriate sentence must commensurate with nature and gravity of crime and manner in which crime is done(20.02.2019)
In present appeal, the Appellant-Accused has called in question the judgment and order whereby, Madras High Court while dismissing criminal revision p.....
Tags : Conviction, Sentence, Legality
When provocation was voluntary on part of offender, benefit of Exception I to Section 300 of IPC cannot be given(11.02.2019)
The Respondent was convicted under Section 302 of the Indian Penal Code, 1860 (IPC) and sentenced to undergo life imprisonment by the Trial Court. The.....
Tags : Sentence, Conversion, Legality
Court is empowered to impose imprisonment of less than one year, if some special reasons in favour of Accused are made out(05.02.2019)
The Appellant was working as "Kanoongo/Patwari" was prosecuted for commission of the offences punishable under Section 5(2) of the Prevention of Corru.....
Tags : Sentence, Modification, Special reasons
Benefit of Exception 4 to Section 300 of IPC is available only when act is committed without premeditation in a sudden fight in heat of passion(15.03.2019)
Present appeal arises out of the judgment passed by the High Court by which the High Court affirmed the conviction of the Appellant under Section 302 .....
Tags : Conviction, Sentence, Legality
High Court can exercise its revisional jurisdiction to enhance sentence but it is imperative to notify the convict(22.04.2019)
Present appeal has been filed by the Appellant against the judgment of High Court dismissing Criminal Appeal filed by the Appellant questioning the or.....
Tags : Sentence, Enhancement, Validity
Nature of weapon used and vital part of body where blow was struck are sufficient to prove intention of Accused to cause death(10.04.2019)
Present appeal arises from the judgment and Order of a Division Bench of the High Court passed in Criminal Appeal. The High Court, while allowing the .....
Tags : Conviction, Sentence, Conversion, Validity
Accused can be held guilty for offence of murder even on a single blow on vital part of victim’s body causing his death(31.05.2019)
Present appeal is against impugned judgment passed by the High Court whereby the High Court has partly allowed the said appeal preferred by the origin.....
Tags : Sentence, Alteration, Legality
When there was no premeditation on part of Accused and occurrence took place suddenly, offence would fall under Exception 4 to Section 300 of IPC(27.08.2019)
Present appeal arises out of the judgment passed by the High Court by which the High Court affirmed the conviction of the Appellant-Accused under Sect.....
Tags : Conviction, Sentence, Legality
Cheque drawn and issued by a person to the complainant, in discharge of debt owed by another person to complainant, comes within purview of Section 138 of NI Act(09.12.2019)
In facts of present case, the trial court found the Petitioner guilty of the offence punishable under Section 138 of the Negotiable Instruments Act, 1.....
Tags : Conviction, Sentence, Legality
Person charged for higher offence can be punished for lower offence(22.06.2020)
The instant appeal has been preferred by the Accused-Appellant against the judgment passed by learned Additional Sessions Judge under Sections 451, 32.....
Tags : Conviction, Sentence, Legality
False answers offered by Accused in examination under Section 313 of CrPC can be used against him(15.09.2020)
Present appeal is filed by the sole Accused aggrieved by the judgment of conviction and further order of sentencing the Appellant, passed by the High .....
Tags : Conviction, Sentence, Legality
Consent of minor is of no defence to charge of kidnapping(12.01.2021)
The Appellant impugns the judgment pronounced by the High Court by which his conviction under Section 376 of the Indian Penal Code, 1860 (IPC) was ove.....
Tags : Conviction, Sentence, Legality
Social interest and conscience of the society is to be kept in mind while exercising the discretion pertaining to awarding of sentence(27.02.2017)
In present case, on basis of statement of injured, an FIR under Sections 448 and 307 of Indian Penal Code, 1860 (IPC) was registered at police station.....
Tags : Conviction, Sentence, Quantum
When cause of provocation was sudden, without premeditation, case falls under Exception 4 of Section 300 of IPC(09.02.2021)
The challenge in the present appeal is to an order passed by the High Court whereby an appeal against the judgment of conviction and the order of sent.....
Tags : Conviction, Sentence, Legality
Court can reduce quantum of sentence on basis of amicable settlement(05.01.2021)
Present appeals have been preferred against the judgment of the High Court which upheld Appellant’s conviction under Sections 324 and 341 of the India.....
Tags : Amicable settlement, Quantum, Sentence
Power to award fixed term sentences without remission is available only with the High Court and Supreme Court(01.04.2021)
Present appeal has been filed under Section 374 of the Code of Criminal Procedure, 1973 (CrPC) by the convict Appellant against the judgment of senten.....
Tags : Conviction, Sentence, Legality
Before imposing the extreme penalty of death sentence, the Court should satisfy itself that, death sentence is imperative(26.11.2021)
Present Petition has been filed under Article 137 of the Constitution of India, 1950 seeking review of the judgment. The Petitioners were convicted fo.....
Tags : Conviction, Death sentence, Validity
Conviction can be based on solitary testimony of a credible witness though uncorroborated(15.01.2024)
Appeal has been preferred under Section 374(2) read with Section 482 of Code of Criminal Procedure, 1973 (Cr.P.C.) challenging the judgment and order .....
Tags : Conviction, Sentence, Legality
Subsequent sentence can be directed to run concurrently with previous one in a case where prosecution is based on single transaction, even if, different complaints in relation thereto have been filed(28.10.2016)
Instant appeals called in question judgment passed by High Court of Delhi in Criminal Revision Petition, sustaining conviction of Appellant under Sect.....
Tags : Discretion, Sentence, Concurrent
When there are definite evidence proving an incident and eyewitness account prove the role of accused, absence of motive does not affect the prosecution case(09.09.2020)
The original accused has preferred the present appeal dissatisfied with the impugned judgment and order passed by the High Court by which the High Cou.....
Tags : Conviction, Sentence, Legality
Punishment of life imprisonment is not unquestionably foreclosed in spite of gravity and barbarity of offence(01.10.2019)
The instant review proceedings pertain to Review Petition seeking to review the final judgment passed by this Court confirming conviction under Sectio.....
Tags : Conviction, Death sentence, Legality
Benefit of doubt given to an Accused must always be reasonable and not fanciful(12.03.2019)
In present matter, the First Additional Sessions Judge, vide judgment convicted the Accused/Appellant for the offences punishable under Sections 363, .....
Tags : Conviction, Sentence, Validity
Multiple life imprisonment sentences to not run consecutively(01.01.1900)
A constitution bench of the Supreme Court held that though multiple sentences for life imprisonment can be awarded for multiple crimes, the same canno.....
Tags : murder, sentence, life imprisonment, consecutive
International Cases
Mere fact that sentence is within range of other sentences imposed for similar offences not necessarily establish that there was appropriate exercise of sentencing discretion(31.08.2016)
Respondent was convicted, on pleas of guilty before Staude DCJ. Sentencing judge imposed a total effective sentence of 2 years 2 months' immediate imp.....
Tags : Discretion, Sentence, Inadequacy
Where, there is challenge on totality grounds, severity of sentence imposed on individual count to be assessed in light of its contribution to total effective sentence(08.12.2016)
Appellant appeals against his conviction on the grounds that a miscarriage of justice occurred due to the appellant wrongly pleading guilty. Appellant.....
Tags : Conviction, Sentence, Totality principle
Difference of treatment is inherent in change in law, if it were to be objectionable discrimination, it would be impossible to change law(14.12.2016)
Appellant sentenced in the Crown Court for offences of serious violence. At the time, when Appellant was sentenced, the statutory scheme for sentencin.....
Tags : Sentence, Validity, Change in law, Applicability
Where offences occur on separate occasions and involve separate transactions, cumulative sentences will generally be called for unless the totality principle requires another approach(12.12.2017)
In instant case, the Appellant was sentenced in the Fremantle Magistrates Court to a total effective sentence of 4 years' imprisonment in respect of 4.....
Tags : Conviction, Sentence, Validity
Power of Court to indicate provisional measures will be exercised only if there is urgency, that, irreparable prejudice will be caused to rights in dispute before Court gives its final decision(18.05.2017)
In facts of present case, On 8th May, 2017, Government of Republic of India filed in Registry of Court an Application instituting proceedings against .....
Tags : Consular access, Death sentence, Provisional measure, Stay
Appellate Court must not substitute its own opinion for that of sentencing magistrate merely because it has exercised its sentencing discretion in a manner different from sentencing magistrate(26.07.2018)
Mr Sevim was charged with one offence of indecent assault contrary to Section 323 of the Criminal Code (WA). Mr Sevim pleaded guilty on the first day .....
Tags : Sexual offending, Sentence, Excessive
When the inventory is prepared by an officer not authorised under the Abkari Act, it cannot be acted upon by the court and cannot be treated as primary evidence(09.06.2020)
The prosecution case is that, on 6th July, 2007, PW1 Excise Inspector found the Petitioner having in his possession a can containing 2½ litres of arra.....
Tags : Conviction, Sentence, Legality
Under trial prisoners who have completed half of maximum sentence prescribed for offence for which they were arrested, not be detained in jail(26.10.2018)
The Petitioner/Appellant has filed the instant application seeking suspension of sentence and for grant of bail in case in which he stands convicted v.....
Tags : Sentence, Suspension, Grant
Fact that, an error has been made in sentencing does not automatically mean that sentencing discretion should be exercised afresh(30.05.2018)
The Appellant appealed from the sentences imposed for the burglary, trespass and breach of bail offences. Sole ground of appeal was that, the learned .....
Tags : Sentence, Imposition, Validity
Mere fact that a sentence is outside the range does not necessarily establish that exercise of sentencing discretion in particular case miscarried(09.08.2018)
Present is an appeal against sentence. The Appellant was convicted, on his plea of guilty, on a single count in an indictment which alleged that, on 1.....
Tags : Conviction, Sentence, Quantum
Where an Appellate Court concludes that, sentencing judge's discretion miscarried in respect of one component of a sentence, whole of sentence imposed by sentencing judge may be set aside(21.08.2018)
Present is an appeal against sentence. The Appellant alleged that a miscarriage of justice had occurred because at the sentencing hearing the prosecut.....
Tags : Charges, Sentence, Accuracy
Sentencing is a discretionary exercise, an Appellate Court can intervene only if Appellant demonstrates either an express or implied material error(19.09.2018)
The Appellant appeals against his sentence of 4 years' immediate imprisonment imposed on his conviction, on his pleas of guilty, to one count of posse.....
Tags : Conviction, Sentence, Validity
A Court may impose one penalty in respect of multiple federal offences that are joined in same information, complaint or summons(02.10.2018)
On 8 September 2016, the Appellant was convicted in the Magistrates Court for importing prohibited imports, namely 'ice pipes'. The ice pipes were imp.....
Tags : Sentence, Quantum, Validity
A Court must not impose a term of immediate imprisonment unless satisfied in view of sentencing principles(14.11.2018)
Present is an appeal against sentence. The Appellant was charged on indictment with three offences. There are three grounds of appeal. Ground 1 alleg.....
Tags : Sentence, Quantum, Legality
An appeal to present Court is not an opportunity to revisit question of appropriate sentence(07.12.2018)
The Appellant pleaded guilty to three offences. He was sentenced to 7 years' imprisonment on count 1, attempting to possess methylamphetamine with int.....
Tags : Conviction, Sentence, Validity
Sentencing is a discretionary exercise; an Appellate Court can intervene, only if, Appellant demonstrates either an express or implied material error(02.05.2018)
The Appellant was convicted after trial of being in possession of a prohibited drug, namely methylamphetamine, with intent to sell or supply it to ano.....
Tags : Offence, Knowledge, Sentence, Quantum
In deciding an appeal, Court may set aside or vary the decision of the Court of Summary Jurisdiction and the sentence imposed(22.03.2019)
The Appellant pleaded guilty in the Magistrate's Court to four charges of trespass and two charges of possessing drug paraphernalia in which there wer.....
Tags : Sentence, Imposition, Legality
Sentencer need to observe a degree of flexibility rather than adopting a mechanistic type of approach while imposing sentence(03.04.2019)
This judgment deals with an application for leave to appeal by Nathan Finn, currently in custody in Hydebank Young Offenders Centre, against a determi.....
Tags : Sentence, Quantum, Justice
Discretion to suspend a term of imprisonment is not confined by considerations relating to rehabilitation and mercy(10.04.2019)
The Appellant was convicted after trial on charge of unlawfully assaulting a member of the crew of an aircraft so as to interfere with the performance.....
Tags : Conviction, Sentence, Legality
Seriousness of offence must be determined by taking into account statutory penalty for offence, circumstances of commission of the offence, any aggravating factors and mitigating factors(01.07.2019)
In present case, the Appellant attempted to possess a prohibited drug, namely cocaine, with intent to sell or supply it to another. On 17 December 201.....
Tags : Possession, Prohibited drug, Sentence, Legality
An appellate court will not set aside a conviction based on a plea of guilty unless Appellant satisfies the Court that a miscarriage of justice has occurred(14.06.2019)
The Appellant appeared in the Magistrates Court in relation to various charges including one charge of assaulting a public officer. He entered pleas o.....
Tags : Conviction, Sentence, Legality
A Court has discretion to take into account time spent in custody and can give credit by either reducing term or backdating sentence(10.09.2019)
Present two appeals against sentence are related and involved the failure to take into account time that, the Appellant spent in custody on remand. Th.....
Tags : Sentence, Imposition, Reduction
A pre-sentence order cannot be made if, at the time it is made, a sentence of immediate imprisonment is the only appropriate sentencing option(22.01.2019)
Present is a State appeal against the imposition of a pre-sentence order. The appeal is brought pursuant to Section 24(1)(a) of the Criminal Appeals A.....
Tags : Pre-sentence order, Imposition, Validity
An appellate Court can only intervene if Accused demonstrates, either express or implied, material error of fact or law(31.12.2019)
In present case, on 27 August 2019, the Appellant was sentenced in the Kalgoorlie Magistrates Court to a term of immediate imprisonment of 18 months f.....
Tags : Sentence, Quantum, Legality
Sentencing is a discretionary exercise. An Appellate Court can intervene, only if, Appellant demonstrates either an express or implied error(27.06.2018)
The Appellant seeks an extension of time within which to appeal and leave to appeal a total sentence of 22 months immediate imprisonment imposed by a .....
Tags : Conviction, Sentence, Validity
In a sentencing discretion Court should only intervene, if a material error of fact or law has been made or result is manifestly unreasonable or unjust(14.04.2020)
In present matter, the Appellant was convicted of six breaches of a family violence restraining order (FVRO) contrary to Section 61(1) of the Restrain.....
Tags : Conviction, Sentence, Quantum
For offences of dealing or trafficking in dangerous drugs, the major sentencing considerations are general and personal deterrence(14.01.2021)
The Appellant was charged on indictment in the District Court on basis that, he had in his possession a prohibited drug, namely methylamphetamine, wit.....
Tags : Quantum, Sentence, Legality
The severity of a sentence imposed on an individual count generally falls to be assessed in light of the sentences imposed in respect of the other counts(12.02.2021)
Present is an appeal against sentence. The Appellant was convicted, on his pleas of guilty, of eight counts in an indictment. Six of the convictions w.....
Tags : Sentence, Quantum, Legality
A person who unlawfully omits or refuses to do any act which it is the person's duty to do under Section 444A of the Criminal Code is guilty of a crime and is liable to imprisonment(28.01.2021)
Present is an appeal against sentence. The Appellant was convicted after trial on basis of being a person who had charge of an ignition source and unl.....
Tags : Conviction, Sentence, Legality
Power of an appellate Court to interfere with a sentence imposed by a lower Court is limited and can be exercised in cases of material irregularity(24.03.2021)
The issue before present Court is whether the increased sentences imposed by the high Court were appropriate. On 12 October 2017, the Appellants, Mess.....
Tags : Sentence, Quantum, Legality
Court will not interfere with sentence imposed unless it is satisfied that, the sentence has been vitiated by a material misdirection or is disturbingly inappropriate(01.04.2019)
Present appeal arises from a tragic incident which occurred on 10 July 2009 at the offices of the detective branch at Esikhawini, when Bongani Cebekhu.....
Tags : Conviction, Sentence, Legality
The discretion to impose a sentence cannot be appropriately exercised, if the magistrate is under a misapprehension as to what conduct constitutes the offence(15.02.2022)
Present is an appeal against sentence. On 4 January 2022, the Appellant appeared in the Magistrates Court and pleaded guilty to three offences of fail.....
Tags : Direction, Compliance, Sentence
Sentencing is a discretionary exercise, an appellate court can only intervene, if the Appellant demonstrates either an express or implied material error(15.03.2022)
The Appellant was sentenced to a total effective sentence of 8 years 11 months' imprisonment. The appellant now appeals against his sentence. His sole.....
Tags : Conviction, Sentence, Validity
Leave to appeal must not be given unless the Court is satisfied that the ground has a reasonable prospect of success(26.07.2022)
The Respondent was convicted after trial in the Magistrates Court of one charge of assault occasioning bodily harm and one charge of dangerous driving.....
Tags : Sentence, Imposition, Backdating
An appellate Court may only interfere with the sentencing discretion of the trial court on limited grounds(26.09.2022)
Present appeal is against the substituted sentence of the Northern Cape Division of the High Court, Kimberley (the high court) of the sentence imposed.....
Tags : Sentence, Imposition, Validity
In absence of a Parole Board report, Supreme Court’s ability to substitute the sentence of the high court with its own sentence is constrained(16.03.2023)
Present was an appeal against a reconsideration of an indeterminate sentence imposed in terms of Section 286B of the Criminal Procedure Act, 1977. The.....
Tags : Sentence, Imposition, Reconsideration
If the preconditions in Section 45(1)(a) and (b) of Sentencing Act are satisfied, the Court has a discretion, not a duty, to make a spent conviction order(17.08.2023)
The Appellant was convicted in on a charge that, being an occupier of premises, she knowingly permitted those premises to be used for the purpose of t.....
Tags : Discretion, Spent Conviction, Sentence
Onus lies with the Plaintiff to establish the jurisdiction, finality and conclusiveness of a foreign judgment, if so challenged(06.02.2024)
The Respondent was a businessman and citizen of the United States of America, (Mr. Conteh), who now resided in Bryanston, Johannesburg. On 12 August 2.....
Tags : Sentence, Refusal, Legality
Jury can be satisfied of the guilt of the accused only if guilt is not simply a rational inference, but the only rational inference that the circumstances permit(22.02.2024)
The Appellant was convicted after trial in the Magistrates Court of one count of home burglary contrary to Section 401(2)(b) of the Criminal Code and .....
Tags : Conviction, Sentence, Legality
Imposition of a sentence other than life imprisonment for the offence of murder will be an exceptional course(01.09.2017)
The Appellant was convicted after trial of murdering the deceased, who was her former partner, on 13 June 2015. She was sentenced to life imprisonment.....
Tags : Conviction, Sentence, Legality
An Appellate Court can only intervene if the Appellant demonstrates either an express or implied material error(22.09.2017)
Present is an appeal against sentence. The Appellant and two others, Aaron Clifford Pierotti and Rhannan Ngaire Martinac, were charged that on 21st Fe.....
Tags : Sentence, Quantum, Legality
Offence of aggravated burglary attracts a term of immediate imprisonment(04.04.2018)
The Appellant appeals against the suspended term of imprisonment imposed upon him on his conviction, following his plea of guilty, of an offence of ag.....
Tags : Home burglary, Sentence, Validity
Court may allow an appeal against sentence if, in its opinion, a different sentence should have been imposed(27.07.2020)
Present is an appeal against sentence. The Appellant was charged on indictment with two counts: (a) On 1 March 2018, at Margaret River, the Appellant.....
Tags : Conviction, Sentence, Legality