Read the full judgment text of CACC 000315/2006 on BabelCite. This Court of Appeal judgment was delivered on 6 August 2007 before Stuart-Moore Ag CJHC, Stock JA.
Criminal law – indecent assault – sexual offences against children – breach of trust – sentencing – appeal against sentence – whether starting point manifestly excessive – whether totality manifestly excessive – two counts of indecent assault on girl aged eight and about twelve by maternal uncle – first incident in bath involving touching of breasts and private parts and rubbing of penis to ejaculation – second incident in victim's bedroom involving touching under nightdress, pulling down of underpants and rubbing of penis to ejaculation – delay in reporting until 2005 – applicant later contacted victim apparently to dissuade reporting – guilty pleas entered – starting point of six years per count imposed by trial judge – one-third discount for guilty plea giving four years per count – two and a half years on second count consecutive – total six and a half years – whether comparison with other cases – proper approach to indecent assault on children – child as severely aggravating feature – breach of trust aggravating – culpability increased where victim likely to suffer in silence – whether starting point and totality manifestly excessive – appellate intervention warranted where sentence materially higher than comparable cases – Leave to appeal granted – starting point reduced to five years per count – sentences of three years four months per count substituted – one year two months consecutive on second count – total four years six months – sentences imposed by trial judge held to be manifestly excessive.
Legal issues: Whether the starting point of six years' imprisonment for each count of indecent assault on a child was manifestly excessive · Whether the totality of six and a half years' imprisonment was manifestly excessive
Outcome: Leave to appeal granted; sentences on both counts reduced from four years' imprisonment to three years and four months' imprisonment; total sentence reduced from six years and six months to four years and six months' imprisonment.
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