R v Baq

In the case of R v Baq, the applicant, who was convicted of attempted incest and sentenced to three and a half years imprisonment, sought leave to appeal against the sentence. The court was required to determine whether the sentence was manifestly excessive given the circumstances of the case, which involved an isolated incident, an early plea of guilty, and the fact that the complainant was 17 years old and pregnant at the time of the offence, with no penetration occurring.

The court considered several factors in assessing the sentence's excessiveness, including the seriousness of the offence, the offender's culpability, and the principles of sentencing. The court noted that the applicant's early plea of guilty and the isolated nature of the incident were mitigating factors. However, the court also recognised the gravity of the offence, which involved an attempt to commit incest with a minor who was pregnant. The court concluded that, while the sentence was not appropriate in its entirety, the punishment for the offence was not manifestly excessive.

The court granted the application for leave to appeal and allowed the appeal. The sentence imposed by the lower court was set aside, and in its place, the court ordered that the applicant be imprisoned for three years, suspended after serving 12 months, with an operational period of three years. This decision demonstrates the court's willingness to review and adjust sentences when it finds that they are not proportionate to the offence and the circumstances surrounding it.