R v Chetty

Satyam Sivam Chetty was convicted of one charge of sexual violation by rape. The defendant's counsel argued that the appropriate starting point for sentencing was between six and seven years' imprisonment, placing the offending at the lower end of Band 1, whereas the Crown submitted that the appropriate starting point was nine years' imprisonment, placing the offending towards the bottom of Band 2. The High Court found the case to be at the lower end of Band 2. The Court found the most significant aggravating feature was the vulnerability of the victim, who was so intoxicated that she was unable to consent to sexual intercourse. The Court also found a modest breach of trust, but placed little weight on premeditation. The harm suffered by the victim was also considered to be an aggravating feature. The defendant had no prior convictions, was well supported by his family, and had indicated a willingness to attend a treatment programme for adult sexual offenders. The Court allowed a discount of six months for the defendant's previous good character and a further 12 months discount for the restrictive terms of bail he had been subject to for an extended period before his conviction. Chetty was sentenced to six years and two months' imprisonment for sexual violation by rape. The Court did not consider it necessary to impose a minimum period of imprisonment.