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By Alric Lindsay
Rahul Manhukumar appeared before Magistrate McFarlane in Summary Court today, October 14, 2024, to be sentenced for indecent assault in connection with his touching of a woman’s genitalia. Due to questions surrounding the Summary Court’s sentencing powers, his sentencing was transmitted to the Grand Court.
Details of indecent assault
Describing the indecent assault, Mr Rahul’s attorney explained:
I cannot of course, shy away from the fact that the lady, I should say, I’m sorry, any person going to the masseur and receiving a massage expects.
And there is that aspect of trust which has to be there. So, I cannot shy away from that. That [the client] expected… a degree of trust that she would be able to have her massage without the particular complications that she alleged and that you have found against Mr Rahul.
Turning to Mr Rahul’s sentencing, his attorney suggested that the Summary Court could handle it.
Summary Court’s sentencing powers considered
After hearing from Mr Rahul’s attorney, Magistrate McFarlane noted that the Court is bound by the sentencing guidelines published in April 2020.
Magistrate McFarlane added:
… the harm in this case can be nothing less than category 2.
Plainly, the defendant was in a position of trust, which was breached. And so for me, this is an A2 case.
Magistrate McFarlane noted that, based on sentencing guidelines, the starting point is six years imprisonment with a range of five to nine years.
In the circumstances, Magistrate McFarlane noted that the Summary Court may have insufficient sentencing powers and committed Mr Rahul to the Grand Court for sentencing.
