THE Fiji Court of Appeal has granted the State’s application for leave to appeal against a sentence imposed on a man incarcerated for raping his then 14-year-old stepdaughter.
The 55-year-old man was convicted following a trial on a count each of rape and sexual assault in 2024.
The State, being dissatisfied with the sentence of 10 years, three months, and 12 days, with a non-parole period of six years, eight months, and 12 days, filed an application for leave to appeal.
According to the facts, in the late evening of December 27, 2022, the victim and her younger brother were sleeping on the bed in their bedroom while her mother and the man were asleep on the floor.
The victim was awoken from her sleep when she felt a hand on her body, but she kept her eyes closed, frightened by the assault.
It was only when her stepfather digitally raped her that she opened her eyes and saw the man.
The man apologised to her and left the bedroom to use the washroom.
She immediately woke her mother up and informed her of what her stepfather had done.
When he returned from the washroom, her mother confronted and punched him. A report was made to the police.
The State’s ground of appeal is that the judge failed to give adequate consideration to the aggravating factors, therefore, rendering the sentence to be manifestly lenient.
Defence, however, was of the view that the judge had correctly taken into consideration the factors when passing sentence.
Appellate judge Justice Alipate Qetaki, after his analysis, concluded that there is merit in the ground of appeal and granted leave to proceed with the appeal.
