Summary
For a 2008 offence governed by the pre-2013 sentencing law, the Court accepted special reasons for a sentence below seven years. It considered the parties’ ages, voluntary elopement, absence of force or threats and the period already served. It directed release after more than three years in custody without setting aside the convictions.
Issues
- Whether the peculiar facts justified a sentence below seven years under the law applicable before the 2013 amendment.
Held
- The Court distinguished a precedent involving forcible intercourse and threats and accepted the trial court’s special reasons in this adolescent relationship. These considerations concerned sentence and did not erase the convictions involving a girl below the then statutory age. (¶ 3–9)
- The incident predated the amendment effective 3 February 2013, when a sentence below seven years could be imposed for special reasons. The trial sentence plus additional custody after enhancement exceeded three years and was considered sufficient on these peculiar facts. (¶ 9)
Result
Appeal allowed; appellant directed to be released forthwith if not required in another case, the imprisonment already undergone being sufficient. Convictions not set aside.