Rohana Alias Loku v. Hon. Attorney General – sllr 2011 volume 2 page 174

In the case between Rohana Alias Loku (Plaintiff) and The Hon. Attorney General (Defendant), the Supreme Court addressed the appropriate sentencing for offences involving the rape and abduction of a minor (under 16 years), under Sections 364(2)(e) and 354 of the Penal Code. The central legal issue involved the balance between the mandatory minimum sentence prescribed by statute and the exercise of judicial discretion in light of constitutional protections, notably under Articles 4(c), 11, and 12(1). The sequence of events included an initial conviction and a 10-year sentence imposed by the High Court, followed by a reduction to 5 years by the Court of Appeal, and ultimately a review by the Supreme Court focusing on mitigating factors, the nature of the relationship, and the proportionality