Page 49 - Magistrates Conference 2019

Calculation of the Starting Point

• In Ramoutar, Badree and Hosein v The State Cr. App. Nos. S 028, 029 and 030 of 2015, all
three 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 extent of the pre-meditation, which included a plan to rob and kill the deceased and
which involved obtaining a length of marlin from a tattoo shop earlier on the day of the

murder;

 Multiple injuries inflicted by all offenders with the use of knives;

 An underlying offence for gain (robbery); and

 The disposal of the body.

There were no mitigating factors relative to the offence.

• The starting point adopted was 30 years. 12