Claim Nos. AXAHCV2011/0082, 2012/0029, 2011/0095
Tabor, M. [Ag]
Practice – Stay of Proceedings – Eastern Caribbean Supreme Court (Anguilla) Act R.S.A. E15 Section 17
Claim No SKBHCR 2013/0030
Ramdhani, J. [Ag]
Sentence – Causing Death by Dangerous Driving – Degree of Fault should determine the appropriate sentence – Assessment of Aggravating and Mitigating Factors – Other Offences Allegedly Committed at the same time not to be considered unless proven by a Plea or Conviction – Whether Culpability of deceased a Consideration as going to Mitigation.
Sentence – Suspended Sentence – The Alternative Sentencing Act, Chapter – Only applicable when Immediate Custodial Sentence Appropriate – Factors to be considered – Personal Characteristics Relevant – Whether immediate custodial sentence will have the effect of derailing the future prospects of the Defendant.
Plea of Guilty – Facts to be presented by Prosecution – Depositions Evidence to be used unless irrelevant to sentencing – Prosecution to notify defendant of the facts which is to be relied on – Prosecution may accept defendant’s version of facts in suitable case – Where there is no agreed version of facts Prosecution to invite court to conduct a Newton Hearing