CRIMINAL CASE NO. 223 OF 2011
COURT: This is a serious offence. Rape always is. It is true that this rape did not involve the sort of violence that often accompanies rape, but it did involve two rapists.
Together, you two men took advantage of the victim’s drunken condition.
I have taken into account everything that has been urged in mitigation on behalf of each of you.
1st accused, you were 22 at the time. All things considered, and taking into account everything that your counsel has said on your behalf, I adopt a starting point of 4½ years’ imprisonment. I will give you the usual one‑third discount for a guilty plea, and I sentence you to 3 years’ imprisonment for this offence.
As far as the suspended sentence is concerned, I accept what your counsel has said, and I do not activate it.
You will therefore go to prison for 3 years.
2nd accused, you have a clear record and you were younger, having been 19 at the time. Moreover, you have followed what the 1st accused had first done. All things considered, and having taken into account everything urged by your counsel on your behalf, I accede to your counsel’s suggestion that I should call for reports before sentencing you.
I shall therefore adjourn your sentence until 9.30 am on 21 February 2012 for training centre and detention centre reports.