It took more than six years for police to charge a man for raping his seven-year-old cousin in 2018.
While raising his concern over the long-prolonged delay, Justice Lee James Burney said he was not provided with an explanation for the years it took to bring the matter to court.
Justice Burney said while the police might have faced challenges in interviewing the man because of his disabilities, this did not justify the lengthy delay.
The accused, who is deaf and mute, he said, was not interviewed by police until September 2022.
He said the accused was subsequently brought before the Magistrate’s Court in January 2024, and the case was promptly transferred to the High Court.
At the time of the offence, he said, the accused was only 22 years old and was now 30. He said individuals with particular needs must be accommodated in the criminal justice system and afforded fair treatment.
However, he emphasised that the seriousness of the offence required an immediate custodial sentence.
The man was jailed for five years, 11 months and two weeks with a non-parole period of three years, 11 months and two weeks.
He was given 30 days to appeal to the Court of Appeal.
