Page 49 - Magistrates Conference 2019

Calculation of the Starting Point

• In Ramah and Oliverrie v The State Cr. App. Nos. 34 and 35 of 2015, the appellants pleaded
guilty to murder upon the basis of the felony murder construct. In determining the starting point,

the Court of Appeal note the following aggravating factors in relation to the offence:

 The involvement of multiple offenders;

 The use of gratuitous violence in the sense that there was no resistance from the deceased;

 The deceased had pleaded for his life and after being told that his life would be spared, he was
nevertheless shot point blank in the head;

 An underlying offence for gain (robbery);

 The home invasion;

 The deceased had intervened on behalf of his family members, in particular, his sister, who
the offenders had threatened to kidnap; and

 The killing took place in the presence of family members.

There were no mitigating factors relative to the offence.

• The Court of Appeal found that the aggravating factors were particularly grave and selected a
starting point of 35 years. 13