[17] As shown earlier on, the accused has committed this shameful act on his own child, a minor of only 5 years old. Normally, a child would be looking up to his / her parents for care and protection but in our case the complainant was subjected to abuse by her own father, and worse who was HIV Positive and was quite aware of his status. [18] The crown has urged the Court to proceed in accordance with section 31 (a) (vii) of the Act. [19] The accused was well aware of his status as he had been under treatment from 2008 to date according to the medical report. Also that the medical report that the doctor prepared after examining the child clearly showed and confirmed the rape by showing that the hymen was absent and showed bruises of the vulva. [20] The fact that the accused had on that day taken liquor would not work for him to negate intention; it would only work for him to escape the rope as an extenuating factor. Because each case has its peculiar circumstances surrounding it, the circumstances of this case merit taking drunkenness as an extenuation. May the accused please stand.