IN THE COURT OF APPEAL
1994, No. 335
Coram : Hon. Yang, C.J., Penlington, and Liu, JJ.A.
Date of hearing : 22 February 1995
Date of judgment : 22 February 1995
J U D G M E N T
Penlington, J.A. (giving the judgment of the Court):
1. This is an application for leave to appeal against conviction and sentence on charges of indecent assault and attempted rape. Theapplication for leave to appeal against conviction is some three months out of time.
2. We considered the facts of this matter which were agreed the time of the applicant’s plea of guilty and the reasons given in theapplicant’s affidavit for leave to appeal out of time which were that he had been advised by fellow prisoners to do so. We are satisfiedthat there is no grounds upon which we should extend the time for leave to appeal against conviction. That application is thereforerefused.
3. We have also considered the sentences passed of 4 years’ imprisonment for the indecent assault and 6 years’ imprisonment on eachof the charges of attempted rape. It is enough to say that the victim in this case, at the time of the first offence, was only 12years of age and the applicant was in a position of trust in that he was living with the victim’s mother. These were sample offencesonly and reflect a course of conduct going on for over 2 years.
4. We are satisfied that the sentences were perfectly proper. The application for leave to appeal is also refused.
The applicant – in person
Mr. D.G. Saw, S.A.C.P., for the Crown