AkvDpp 2019 Flashcards
overview of the charges
the charges against the accused (AK) were of murder to which he pleaded not guilty and manslaughter to which he pleaded guilty because there was lack of mens rea
central facts of the case
on friday 20th july, the victim chol and her friend dahlia rented an airbnb in CBD for a party. That is when the accused ak and his friends entered the party uninvited, they proceeded to take belongings from the apartment such as the the victims and witnesses phone. When chol followed him in the hallway, she was held down to the ground and beat by Aks friends. She was then stabbed by the accused
the court that heard the case
Although magistrates went through committal hearing, supreme court heard the original jurisdiction of the case
jurisdiction of that court in criminal case
supreme court had the jurisdiction considering Ak was 18 years old, children court did not hear it
sanction that was imposed
the sanction imposed was imprisonment
links to purposes of sanction
- sanity of human live
- general deterrence
- specific deterrence
- protection
- rehabilitation
sentencing factors
increase severity:
- previous criminal convictions
- the seriousness of the offence
- the impact of the crime
decrease the severity:
- Aks young age
- Aks acceptance of guilt
- Aks degree of remorse
Possible avenues for appeal
appeal against the conviction
- appeal against the sentence
- appeal against both