As such, he petitioned the Court of Appeal to secure a reduction in his 15-year sentence, handed down in the Home Circuit Court on February 28, 2014. (He was eligible for parole after 10 years.)
However, the perverted old man — whose name Loop News is withholding to protect the identity of the young victim — got a kick when the appellate court dismissed his application for leave to appeal the sentence.
The 61-year-old man pleaded guilty to having sex with the child in July 2013, resulting in her becoming pregnant.
He applied to a judge in chambers at the appellate court for leave to challenge the sentence, but wasn’t successful.
He then applied to the full court — a panel of three appellate court judges — for leave to appeal, again to no avail.
In refusing the application, the panel — led by Court of Appeal President Dennis Morrison — said that the sentencing was grounded in law and that there was no reason to disturbed it.
“…the sentence of 15 years imposed by the sentencing judge was the inevitable consequence of the provisions of section 10(4) of the [Sexual Offences Act],” the court wrote in a three-page opinion.
Under section 10(4), where the person charged with an offence under section 10(1) is an adult in authority, he or she is liable upon conviction in the circuit court to imprisonment for life, or such other term as the court considers appropriate, not being less than 15 years.
As it relates to the minimum period fixed for parole, the court pointed out that section 10(5) goes on to state that when a person has been sentenced pursuant to section 10(4) and given the minimum sentence of 15 years, the court shall specify a period of not less than 10 years which that person shall serve before becoming eligible for parole.
“The effect of this is that the sentencing judge, in directing that the applicant should serve a minimum of 10 years before becoming eligible for parole, was again acting completely in accordance with the provisions of the statute,” the court said.
It added: “In these circumstances, the application for leave to appeal against sentence must be refused, and the court orders that the sentence is to be reckoned from 28 February 2014.”