R v RAC

The case of R v RAC involved an appeal against sentence by the convicted person, who had pleaded guilty to eight counts of rape and two counts of indecent dealing with a circumstance of aggravation. The victim in this case was the applicant's six-year-old stepson. The judge at first instance sentenced the applicant to 10 years imprisonment on each count and declared the applicant convicted of a serious violent offence. The applicant had extensively cooperated with the authorities, including admitting to then unknown offences. The applicant’s appeal focused on whether the sentence imposed was manifestly excessive.

The central legal issue in this appeal was whether the sentence imposed by the trial judge was manifestly excessive in light of the circumstances of the case. The applicant argued that the sentence was too severe, considering his cooperation with authorities and the plea of guilty. The appeal court had to determine whether the sentence was disproportionate to the crime and the circumstances of the case.

The court found that the sentence imposed at first instance was manifestly excessive. The court noted the applicant's cooperation with authorities and the plea of guilty, which were significant mitigating factors. The court set aside the original sentence and imposed a new sentence of eight years imprisonment for each count of rape and five years imprisonment for each count of indecent dealing with a circumstance of aggravation. The court also declared that 458 days spent in pre-sentence custody be deemed time already served under the sentence.