Nature of the Case
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Facts
D plead guilty to three charges of indecent assault involving three young girls aged 6, 7 and 8 years respectively. The learned Magistrate, after giving the matter careful consideration, considered that the ends of justice would be met by the imposition of a fine. He accordingly imposed a fine of $150 and costs in respect of each offense. The Crown appealed. The Director of Public Prosecutions contends that the learned Magistrate should have imposed a substantial penitentiary term of imprisonment in each case, but on the argument of the appeal, the Crown did not submit that a penitentiary sentence should be imposed in this case. The code prescribes a maximum penalty of 5 years' imprisonment plus whipping. There is no record of any previous conviction of the respondent for any criminal offense.
Holding and Decision
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Legal Analysis
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