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Sentence for sexual offences varied to incorporate element of rehabilitation
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Court of Appeal allows appeal against severity of sentence for rape and other sexual offences to a very limited extent, finding that: (a) while the sentencing judge erred in the manner in which she approached certain aspects of the sentencing process, the sentences ultimately imposed, having regard to the mitigating factors and the appellant’s present position and with due regard for the principle of totality, were the appropriate sentences with one caveat; (b) that caveat was that the sentence should be structured in order to incentivise rehabilitation, and the final 12 months of the sentence should be suspended on terms; and (c) the case called for post-release supervision for a period of three years.
Appeal against severity of sentence for sexual offences against children - supplemental judgment to be read in conjunction with principal sentencing judgment in the case - Court of Appeal had previously found that trial judge erred in structure of the sentences imposed - matter had been adjourned to enable the appellant to furnish court with material concerning his current health so that the court could proceed with sentence.
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