render the prescribed sentence unjust in that it would be
disproportionate to the crime, the criminal and the needs of
society, so that an injustice would be done in imposing that
sentence it is entitled to impose a lesser sentence.’
[9]
Coming back to the present case, I have already shown that the
accused herein had unlawful sexual intercourse with his daughter since
she was a at a very tender age of 14 years until he impregnated her three
years later. It is my view that his actions were not only heinous but they
bore very unfortunate fruits of bringing into this world a child born of an
incestuous, abusive, shameful and criminal conduct. Thus his actions do
not only have a bearing on his daughter but on the unborn child as well.
[10] Society and the Courts have decried the high incidence of sexual
abuse especially on young vulnerable children who in recent times are
more often that not abused by their fathers, brother, uncles, family
friends or someone they look up to for protection.
[11] Thus, as I stated in a similar case of R v Leteba 4, these type of
actions have devastating effects on the young children who make up the
highest percentage of victim of sexual offending. In this regard I further
stated as follows:“It is also quite disturbing that the accused herein is a
relative of the very young child. As it has repeatedly been
stated in previous similar cases, the child looked up to him as
4
CRI/S/001/2013 (unreported)