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Sentence for sexual offences committed against three injured parties reduced where there had been a clear factual error
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Court of Appeal allows appeal against the severity of an overall sentence of nine years that was imposed for offences against three victims of a sexual nature, and reduces the sentence in respect of complainants KW and CW from three years to two years, meaning an aggregate sentence of seven years, on the grounds that: 1) there had been a clear factual error in respect to CW, and the period in respect of which the offences were recorded was narrowed in respect of KW; and 2) the structuring the sentence by way of part suspension would not be justified.
Criminal – sentencing – appeal against the severity of an overall sentence of nine years that was imposed for offences against three victims of a sexual nature – totality principle – whether sentence was excessive – there had been a clear factual error in respect to CW – the period in respect of which the offences were recorded was narrowed in respect of KW – rehabilitation – structuring the sentence by way of part suspension would not be justified – appeal allowed.
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