compelling circumstances existed to enable the court to impose a lesser sentence than that prescribed by the Act. Against these mitigating circumstances there is the aggravating fact that the crime was committed against a young victim of just 7 years, a victim who had been specially targeted for protection by the Legislature when it enacted the Act, and in regard of whom the Legislature has prescribed a heavy sentence which could only be departed from if the trial court found substantial and compelling circumstances to be present. Nevertheless, I am convinced that to impose under these circumstances a sentence of 15 years imprisonment would be unjust and grossly disproportionate to the crime, the criminal and the legitimate needs of society. This brings me to the alternative argument of Mr Small that the sentence is startlingly inappropriate in all the circumstances. By imposing a sentence of 7 years imprisonment and suspending more than half of the sentence, namely 4 years, the sentence imposed by the trial court is startlingly inappropriate. In doing so the court, in my opinion, overlooked two important issues, namely, the benchmark which was set by the prescribed sentence of 15 years, and the fact that the Legislature particularly extended protection to those persons who were most vulnerable, namely young children. I say that the court overlooked these issues because no mention was made thereof in the judgment of the court and the fact that the sentence of 7 (seven) years, of which 4 (four) years were suspended, does not reflect that due regard has been paid thereto.
compelling circumstances existed to enable the court to impose a lesser sentence than that prescribed by the Act. Against these mitigating circumstances there is the aggravating fact that the crime was committed against a young victim of just 7 years, a victim who had been specially targeted for protection by the Legislature when it enacted the Act, and in regard of whom the Legislature has prescribed a heavy sentence which could only be departed from if the trial court found substantial and compelling circumstances to be present. Nevertheless, I am convinced that to impose under these circumstances a sentence of 15 years imprisonment would be unjust and grossly disproportionate to the crime, the criminal and the legitimate needs of society. This brings me to the alternative argument of Mr Small that the sentence is startlingly inappropriate in all the circumstances. By imposing a sentence of 7 years imprisonment and suspending more than half of the sentence, namely 4 years, the sentence imposed by the trial court is startlingly inappropriate. In doing so the court, in my opinion, overlooked two important issues, namely, the benchmark which was set by the prescribed sentence of 15 years, and the fact that the Legislature particularly extended protection to those persons who were most vulnerable, namely young children. I say that the court overlooked these issues because no mention was made thereof in the judgment of the court and the fact that the sentence of 7 (seven) years, of which 4 (four) years were suspended, does not reflect that due regard has been paid thereto.
S%20v%20LK%20(P1-2014)[2017]%20NASC%20(13%20November%202015).docx