Court dismisses man’s appeal over sentence

The Court of Appeal has dismissed an appeal for a man convicted of rape. Court of Appeal president Justice William Calanchini dismissed the appeal of a stepfather who was convicted and sentenced for rape of his stepdaughter for numerous sexual related offences.

The victim was under the age of 14 years when the first incident occurred.

The incidents occurred between 2004 and 2011 in Kadavu.

The man was convicted for five counts of rape, one count of unnatural offence and two counts of indecent assault. On June 9, 2014, the man was sentenced to 14 years imprisonment with a non-parole period of 13 years.

The man had appealed his sentence on the grounds that:

The learned trial judge erred in law and in fact when he failed to direct and guide the assessors on how to approach the evidence contained in the caution interview and the weight to be attached to the disputed confession and admission; and

The learned trial judge erred in principle and in exercising his sentencing discretion to the extent that the non-parole period was too close to the head sentence resulting in much more severe punishment. In the judgement, Justice Calachini stated that the 14-year imprisonment was within the tariff of rape of a child by a family member and the victim was continuously raped over a period of six years.

He noted that weapons were used to threaten the victim to submit to sexual intercourse. “The appellant is fortunate that his sentence is 14 years imprisonment with a non-parole period of 13 years in a contested case of rape of a child by a family member,” Justice Calachini said.