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by pltm
(PLTM) - Former legislator, Andre Penn was unsuccessful in his bid to have his sexual assault conviction and ten year sentence quashed, when the Court of Appeal ruled against him yesterday, November 23, 2016.
In December 2014, Penn was for the second time found guilty for sexual acts committed on a minor between 2006 and 2008. He was found guilty of 11 of the 12 counts of sexual offenses committed against a minor.
The former legislator was sentenced in February 2015 to 15 years in prison with a discount of five years, which meant that he will have to serve 10 years behind bars.
Penn then appealed the conviction and sentence; however, the Court of Appeal judges handed down their decision where the appeal against conviction was dismissed on all grounds.
The judges noted that there was no merit to the grounds raised by Penn’s lawyer during the appeal hearing. “As such, the Court of Appeal reaffirm the verdict of the jury and the sentence of the trial judge.”
High Court Judge, Darshan Ramdhani was the trial judge in the second trial and he was flown into the Territory to hear the matter, which was held in-camera in 2014. In handing down his sentence in February last year, Justice Ramhdani said he believes that 15 years is a just and appropriate sentence for Penn, but he had to give him a discount for the length of time the case took to be retried.
He said then Director of Public Prosecutions (DPP), Mr. Wayne Rajbansie had indicated that it was Penn, who for the most part, caused the many delays in the case by filing several applications to manipulate the system. However, the judge said Penn could not be at fault for any delays, citing that no court had ruled that Penn tried to manipulate the system; hence, he had to give him a discount.
Justice Ramhdani had indicated that the sentence of 15 years is a strong message sent and pointed out that the complainant was very brave throughout the years, even though it was turmoil for her.
He told Penn that he hopes he uses the time in prison to reflect on how he is going to reintegrate into society upon his release and that he must pray.
"May God be with you," the judge told Penn.
Justice Ramhdani noted that Penn has destroyed and derailed the child's life.
The victim is now 18 years old. She was under the age of 13 when the offenses were committed against her between 2006 and 2008.
Unlawful sexual intercourse with a girl under the age of 13 carries a maximum sentence of 14 years in prison; buggery, 10 years; and indecent assault, 10 years.
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