A.M.L. v. Republic

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The appellant was convicted of defilement for having intercourse numerous times with a 16-year-old, which is under the age of consent. A.M.L. appealed his conviction and ten-year sentence on four grounds: (i) failure to conduct a voir dire examination on the victim before obtaining her testimony, (ii) failure to conduct a DNA test on the appellant, (iii) insufficiency of evidence, and (iv) the court’s failure to adequately consider his defense. The State wished to enhance A.M.L.’s sentence on appeal. The appellate court found that adequate evidence had been presented at trial that justified the charge of defilement. However, the court found ten-year sentence imposed by the trial magistrate unlawful because 15 years is the legal mandatory minimum sentence for the defilement of a girl aged between 16 and 18 years. Accordingly, AML’s sentence was enhanced to 15 years and his conviction upheld.



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