Judge: Age no excuse in child rape cases

Advanced age should not reduce the seriousness of a sentence in child rape cases, says High Court Judge Justice Lee James Burney.

Speaking during the sentencing hearing of a 65-year-man at the High Court in Labasa today, Justice Burney said the court could not lessen a sentence simply because an elderly offender might struggle to serve time in prison.

The man is alleged to have attempted to rape his 12-year-old step-grandson last year after the child went to pick bele from a nearby settlement where the accused lived.

Legal Aid Commission lawyer Sharmila Devi asked the court to impose a longer gap between the head sentence and the non-parole period, citing her client's age and deteriorating health.

She told the court he had suffered a heart attack last year.

While acknowledging the seriousness of the offending, Ms Devi submitted there had been no physical violence or injury inflicted on the victim, although she accepted the child had been verbally threatened.

Justice Burney said the court would take into account the allegation that the accused threatened to chop the victim with a cane knife.

Before sentencing, the judge instructed State prosecutor Estein Thaggard to arrange for a victim impact statement to be prepared by the prosecutor handling the matter.

Justice Burney said he wanted to consider the victim's impact statement before delivering sentence.

The matter was adjourned for sentencing on notice to allow the State to file the victim impact statement report.