The Court of Appeal reduced the sentence of a man who was convicted of having sex with a 13-year-old girl in 2011.
The incident was recorded on cellphone video and later circulated via social media.
Darnell Azille, who was 18-years-old at the time of the offence, was sentenced to 15 years in prison after he was found guilty by a jury in 2015.
The sentenced was reduced by 5 years to 10 years after it was agreed that a range of 10 to 12 years was a reasonable given a starting sentence of 8 years.
However, Azille’s lawyer failed to have the conviction quashed after arguing his client did not get a fair trial since he had no legal representation at the start of the trial.
The Court of Appeal heard, the appellant was given sufficient opportunities to properly retain a lawyer before the trial.
The appellant’s lawyer also argued that the trial judge failed to give the jury a special warning in relation to the young age of the complainant.
It was however noted that at the time of the trial the complainant was then 17-years-old and such a direction who be left to the discretion of the judge.
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