The High Court in Lautoka has granted the State permission to file a late appeal regarding the sentencing of a man convicted of defilement. Justice Riyaz Hamza, presiding over the case, determined that while the late appeal could proceed, the original sentence will remain intact and will not be altered.
The individual was charged with the offence in 2018 and subsequently found guilty by the Sigatoka Magistrate’s Court in 2023. He received a prison sentence of 37 months, including a non-parole period of 28 months. The State’s application to appeal was filed 28 days past the deadline. It contended that the magistrate erred in law by applying an incorrect sentencing tariff, which resulted in a lighter sentence than what was deemed appropriate for the crime.
The State justified the delay in filing the appeal by citing internal administrative issues, along with the time taken for the Office of the Director of Public Prosecutions (ODPP) to receive the necessary police documentation and the judgement. Justice Hamza acknowledged that the State’s rationale provided reasonable grounds for the appeal.
Pointing out that the respondent has already served 22 months of his sentence, Justice Hamza noted that his release is scheduled for April 13, 2026. The judge affirmed that the sentence imposed was fair and just, considering all factors associated with the case.
This ruling emphasizes the judicial system’s commitment to ensuring that legal procedures are upheld, while also maintaining proper accountability for serious crimes. The decision to allow a late appeal, yet uphold the original sentence, serves as a reaffirmation of the legal standards intended to safeguard justice for victims of sexual offenses.
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