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The High Court upheld convictions for gang rape, but set aside the 2nd appellant’s life sentence because he was 18 years old when the offence was committed.
The conviction for rape was upheld as the prosecution evidence was found cogent and compelling, corroborated by medical and witness testimony, and the appellant's confession. However, the sentence of thirty years imprisonment was illegal as the appellant was under 18 years old at the time of the offence and a first offender; only corporal punishment was lawful.
Source excerpt
The High Court upheld the rape conviction but altered sentence after finding the appellant was 18 at the time of offence. Thirty years' imprisonment and compensation were set aside.
The accused pleaded guilty to manslaughter and, as youthful first offenders who had spent over two years in remand, each received a three-year prison term.
The High Court upheld Michael Sofu’s convictions for housebreaking and stealing, but set aside the sentences because the trial court failed to verify his age under the Minimum Sentences Act.
The High Court refused to revise a one-year sentence for theft, holding there was no basis to replace it with probation or interfere with the magistrate’s order.
The High Court held that the Minimum Sentence Act, 1972 did not apply to an offender under 18 and reduced a three-year sentence as excessive.
The High Court reduced a burglary sentence after finding doubt over the appellant’s age should be resolved in his favor, treating him as a juvenile.
The High Court dismissed a criminal appeal against conviction for stealing from the person and upheld a 10-month sentence, finding the evidence sufficient and no sentencing error.
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