[Criminal law – Rape – s. 376(2)(b), Penal Code, Cap. 22. Single charge.
Victim under the age of 14 – Sentence – Judge erred in taking the maximum sentence of 30 years’ imprisonment as starting point and discounting sentence for plea of guilty by only one sixth, on basis evidence was ‘overwhelming’ and imposing a sentence of 25 years’ imprisonment, with 20 strokes. Sentence of 25 years’ imprisonment quashed.
Appropriate starting point -20 years’ imprisonment. Discount for early plea of guilty: Judge’s assessment evidence was ‘overwhelming’ irrelevant to discount. Appellant entitled to full one-third discount.
Sentence of 13 years 4 months’ imprisonment imposed on Appellant. ]