Page 93 - Magistrates Conference 2019
P. 93
Justifying a Higher Starting Point or Departing
from the Benchmark Sentence?
• Departure is acceptable with sound reasons.
See:
• Marlon Gregory John v The State Crim. App. No. 39 of 2007
- Judge did not consider all the aggravating and mitigating factors
relative to the offence
• Kernel Sealy v The State Cr. App. No. 2 of 2009
- Aggravating features outweighed those in similar cases
56
