Sexual assault convict’s sentence reduced |20 December 2022

The Court of Appeal on Friday ruled that Christopher Laurencine’s sentences related to two sexual assault charges should run partially concurrently, and that Laurencine is to serve 17 years instead of 30 years.

Laurencine appealed against both conviction and sentences imposed on him for two counts of sexual assault, the first for inserting his finger in the nine-year-old girl’s private parts, and the second for licking and touching her private parts, and making her lick his private parts. He was sentenced by the Supreme Court to fifteen years for each count to be served consecutively, for the incident which occurred on Praslin in November 2020.

Laurencine based his appeal on numerous grounds including that the trial judge erred in fact and in law, and appealed against the imposed sentence, arguing that “it is harsh and excessive”.

The convict was thus seeking an order quashing the judgment and that he be acquitted, or a reduction in sentence proportionate with the circumstances of the case.

The Court of Appeal dismissed the various grounds of appeal against conviction, and ruled to uphold the conviction. However, President of the Court Justice Anthony Fernando stated that the court is mandated to act in accordance with the provisions of Section 36 of the Penal Code, and to therefore impose consecutive sentences in cases where the offences had been committed at the same time and place, within a short proximity of time.

“The imposition of consecutive sentences on the Appellant which amounted to 30 years in prison, created the anomalous situation, in that he faced a penalty more severe than the maximum that could have been imposed under section 130 of the Penal Code, namely a sentence between 14 to 20 years, for an offence of a much more serious nature,” he stated.

As such, court quashed the order that the appellant serve a total period of 30 years imprisonment, and that the sentence for count 2 should run concurrently, two years after the commencement of the sentence for count 1, thereby bringing the total to 17 years imprisonment.

Despite taking into account that Laurencine is only 30 years old, a first time offender and the fact that no force had been used in committing the sexual assaults, Justice Fernando also acknowledged that the acts are “grievous in nature and morally debasing”, especially considering the victim’s tender age.

“A strong message should go out to society that one must not corrupt persons of tender years,” Justice Fernando added.

Laura Pillay