R. v. Revocultus s/o Nsolo, Crim. Rev. 35-M-67, 12/8/67, Mustafa J.

R. v. Revocultus s/o Nsolo, Crim. Rev. 35-M-67, 12/8/67, Mustafa J.

Accused, an 18 year old first offender, pleaded guilty to an unnatural offence [P.C. s. 154] He had been sleeping in the same bed with complainant, and had committed buggery upon him while the latter was asleep. He was sentenced to 3 years’ imprisonment.

            Held: Although “the accused is indeed morally debased,” the sentence was excessive in view of the facts that he was a first offender and that he pleaded guilty. Sentence reduced to 18 months.

            The Court stated, obiter: “Committing this young person to a prison for three years could possibly encourage him to commit such unnatural offences in prison. I would have liked to impose a sentence of corporal punishment on him but I find this offence does not attract corporal punishment.”