Coram: Before Justice OliveSaksak
<Miss Wendy Wanemay – Clerk
Inspector Wilson D. Garae for the Pubrosecutor
>
Mr Kiel Longhman for the Defendant
SENTENCE
The defendant pleads guilty to indecent assault contrary
to section 98(2) of the Penal Code Act [CAP.135] (the Act) and not-guilty to
a charge of rape contrary to section 91.
The prosecutor seeks leave to withdraw the charge of rape
and the Court withdraws the charge accordingly. The defendant admits
indecently dealing with the prosecutrix on or about 23 March, 1993. The
prosecutrix is the wife of the defendant’s brother.
The incident took place
while the prosecutrix’s husband was out of the house in another village.
The maximum penalty for an offence under sect8(2) of
the Act is 7 years imprisonment. Mr Loughman submits that this period falls
lls
within the time limit specified under section 15(b) of the Act. Section 15
reads:-
“No prosecution may be commenced against any person
against any person for any criminal oe upon the expiry of the fohe following
periods after the Commission of such offence –
(a) &nbs; p;&nssp; p;
……an>……………………….
(b) p; &nnsp;&&nsp; &nbp; &nbbp;&n p;
in the the case of offences punishable by imprisonment for more than 3
months and not more than 10 years – 5 years;
(c) ;&nspp;&nssp; p; &nbp; &nbp;
n>
TGB">The Cohe Court was referred to the previous case of Public
Prosecutor –rsen James CR. 7 of 1999 unreported where the Court
t
applied the provisions of section 43(4) of the Act by merely convicting the
defendant and discharging him. The court is invited to take the same
approach with this defendant.