GARDNER, AG. D.C.J.: delivered the judgment of the Court.
The appellant was convicted of indecent assault on a female, and sentenced to three years imprisonment with hard labour. On appeal to the High Court the appeal against conviction was dismissed and the sentence was increased to five years imprisonment with hard labour. The appellant now appeals against the sentence.
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When imposing the increased sentence the learned Judge gave no reasons for doing so. This Court has frequently stated that there are only three reasons for increasing sentence. They are, firstly, if a minimum statutory sentence has not been imposed, secondly, if the sentence imposed by the lower Court was totally inadequate, and, thirdly, if the sentence originally imposed was wrong in principle. As we have said, in this case the learned appellant Judge gave no reasons for the increase in sentence, and there does not appear to us to be any valid reason.
The appeal against sentence is allowed. The increased sentence of five years imprisonment with hard labour is set aside, and we restore the original sentence of three years imprisonment with hard labour with effect from 3rd February 1986.
Appeal allowed. |
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