Hanfield v R (CR-AP 1 of 2010) [2011] TCACA 6 (17 January 2011)

Flynote

Criminal law

Case summary

In the instant appeal the judge failed to inform counsel for the appellant that he was considering imposing a sentence of life imprisonment. The appellant was therefore deprived of the opportunity to mitigate. We wish to reiterate that where a trial judge proposes to sentence an accused to life imprisonment (where the sentence is not mandatory) he should so inform counsel for the appellant or the accused if not represented, and give him the opportunity to address the Court. Such a position would lead the Court to vacate the sentence and instead impose a fixed term of imprisonment, which it did in this case, by imposing a sentence of 20 years imprisonment. To that extent the appeal against sentence was allowed.

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