Page 51 - Magistrates Conference 2019

Calculation of the Starting Point

• In Fizul Rahaman v The State Cr. App. No. P 027 of 2015, the appellant pleaded guilty to murder

upon the basis of the felony murder construct. In determining the starting point, the Court of

Appeal noted the following aggravating factors in relation to the offence:

 The use of a weapon;

 The number and severity of the injuries afflicted by the Appellant (43 incised wounds);

 The breach of trust involved - the appellant being an immediate neighbour of the deceased;

 An underlying offence for gain (robbery); and

 The home invasion.

There were no mitigating factors relative to the offence.

• The Court found that although there were mitigating factors relative to the offender (he had no

previous convictions and had good prospects for rehabilitation), those factors were outweighed by

the extreme callousness of the offending.

• The court considered 35 years to be an appropriate sentence [before taking into account the
discount for the guilty plea and the time spent in pre-trial custody]. 14