[Criminal Law-sentence- section 377(2) of the Penal Code, Cap. 22, carnal knowledge of boy under 14 years.
Appeal against total sentence of 33 years’ imprisonment and 20 strokes on conviction after trial of two Charges; Boy A aged 10 years and Boy B aged 11 years.
Sentencing- conviction after trial; Judge erred/sentencing discretion miscarried in taking starting point of 24 years’ imprisonment, reducing sentences to 17 years’ imprisonment and 16 years’ imprisonment and ordering the sentences to be served consecutively.
Court of Appeal sentenced afresh: 2017 amendment to section 377 (2)- increased maximum sentence of 30 years imprisonment, a minimum sentence of 15 years’ imprisonment and not less than 12 strokes.
Orders: sentences of imprisonment and order Appellant subject to 20 strokes quashed. Sentence: 20 years’ imprisonment and 12 strokes for the 1st Charge and 2nd Charge; 5 years’ imprisonment and 3 strokes of sentence for 1st Charge consecutive to sentence of 20 years’ imprisonment for 2nd Charge Total sentence: 25 years’ imprisonment and 15 strokes.]