The Court of Appeal recently dismissed an application for reduced sentence from a man convicted of raping his cousin’s daughter.
On December 6, 2021, in the High Court, the appellant pleaded guilty to four sexual offences against his cousin’s daughter, including one count of rape, one count of causing a person under the age of 16 years to watch a pornographic video, and two additional counts of rape. He was sentenced to 30 years’ imprisonment and 24 strokes of the cane.
The appellate court observed that the sentencing highlighting four aggravating factors: the tender age of the victim, the gross breach of trust by the appellant, the repetition of the offences, and the fact that the appellant was a police officer when he committed the offences.
The appellant, aged 44, appealed for a reduction in sentence, primarily on the grounds that his family would suffer hardship without his support.
The decision noted sympathy for the appellant’s wife and young children but reiterated that family hardship cannot influence the sentencing of grave offences. The sentences were deemed appropriate and not manifestly excessive by the appellate court.
“The combination of the appellant’s rape of the victim at age nine, the repetition of the offences over several years, the abuse of trust by the victim’s parents, and the appellant’s status as a police officer justified a severe sentence,” the appellate court thought.
“The offences, committed over several years against a young girl, likely caused psychological trauma,” the appellate court concluded.
Before rising, the appellate court also found that the prosecution had failed to obtain a report on the victim’s trauma. The appeal was dismissed, with the court emphasising the prosecution’s duty to provide a complete picture in future cases. – Fadley Faisal
