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No justification for review of sentence for sexual assault

By: Hannah Godfrey BL

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Court of Appeal dismisses application for review of sentence pursuant to statute, grounded on certain further matters coming to light at the trial of the co-accused (where applicant's sentence for sexual assault had already been varied on appeal), on the grounds that: (a) the applicant had properly abandoned the argument that his culpability was lessened by the possibility that he was the second person to sexually assault the victim and the evidence that the victim, while drunk, raised the issue of sexual intercourse first did not lessen the gravity of the offence; and (b) in respect of whether the applicant or his co-accused had provided the alcohol to the victim, nothing had been put before the court that even approached a miscarriage of justice justifying an intervention pursuant to statute.

Application for review of sentence pursuant to s. 2 of the Criminal Procedure Act 1993 - claim that new evidence had come to light at trial of co-accused such that intervention was required - application dismissed.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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