Galea v Galea

The case of Galea v Galea involved a defendant who was accused of multiple instances of sexual intercourse with a child under the age of 10 years, as well as aggravated indecent assault. The accused, who was the older half-brother of the victim, was aged between 11 and 13 years at the time of the offences. The trial was conducted before a judge alone, and the central issue was whether the presumption of doli incapax, which protects children between 10 and 14 years from criminal responsibility, was rebutted by the surrounding circumstances. The accused's legal representatives argued that the surrounding circumstances of the first offence could not be used to assess if the presumption was rebutted for the later offences. The appeal centred on the grounds that the verdict was unreasonable and that the sentence was manifestly excessive.

The Court of Criminal Appeal examined the question of whether the presumption of doli incapax was rebutted by considering not only the acts themselves but also the surrounding circumstances of each offence. The court held that the surrounding circumstances of the first offence could indeed be taken into account when assessing whether the presumption was rebutted for the later offences. The court concluded that the verdict was not unreasonable, as the judge had properly considered the evidence and the applicable legal principles. In relation to the sentence, the court found that the accused did not occupy a position of trust, and while the sentence was severe, it was not manifestly excessive when considering the totality of the circumstances.

The Court of Criminal Appeal dismissed the appeal, affirming the conviction and sentence imposed by the trial judge. The court found that the trial judge had correctly applied the law and appropriately weighed the evidence in reaching the verdict. The sentence, while severe, was deemed to be within the range of acceptable penalties for such serious offences. The appeal was thus unsuccessful, and the convictions and sentence were upheld.