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Criminal procedure (sentence) — common law offences — indecent assault — mature man assaulting young girl in attempt to persuade her to have sex with him — severe C punishment appropriate
Criminal procedure (sentence) — general principles — appeal — limits on appeal court's powers to interfere with sentence passed by trial court
A sentence of 14 months' imprisonment, of which 5 months were suspended on conditions relating to good conduct, was upheld where a 39 year old married man indecently assaulted a 14 year old school girl, who was staying at his house, and attempted to persuade her to have sex with him.
An appeal court does not have a general discretion to ameliorate the sentences of the trial courts. It cannot interfere unless the discretion was not judicially exercised, that is, unless the sentence is vitiated by irregularity or misdirection or is so severe that no reasonable court would have imposed it.
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