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Mother who was jailed for raping daughter loses appeal case

Mother who was jailed for raping daughter loses appeal case

By Naveel Krishant
18/11/2020

A mother who was jailed for raping and sexually assaulting her 14-year-old daughter in 2016 has lost her appeal case.

She was jailed for 13 years in November 2017.

The woman had appealed to seek leave against her conviction and sentence.

In her appeal she had stated that the trial judge had erred in law and when he failed to direct the assessors and himself on the principle of recent complaint and/or delayed reporting.

She had also said that the sentence imposed on her was harsh and excessive.

In his ruling, Fiji Court of Appeal Judge, Justice Chandana Prematilaka says having considered the evidence against the woman as a whole, one cannot say that the verdict was unreasonable.

He says there was evidence, when believed, on which the verdict could be based adding that in the circumstances, he does not see any basis for Appeals Court to interfere with the verdict of the assessors and the trial judge.

The Judge adds the ultimate sentence of 13 years of imprisonment is well within the tariff applicable to juvenile rape of 10 to 16 years of imprisonment.

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