THE Guyana Court of Appeal on Monday threw out the appeal of rape convict Colvin Norton and upheld his 28-year jail sentence for raping a six-year-old girl.

In 2018, Norton was found guilty by a 12-member jury on two counts of rape committed against a child under the age of 16.

The incidents occurred on August 1 and August 6, 2013, in the county of Demerara.

Trial judge Jo-Ann Barlow sentenced Norton to serve 24 years for the first count and 28 years for the second count. She had also ordered that the sentences run concurrently.

In his application which was filed by attorney-at-law Dexter Todd and Dexter Smartt, Norton had contended that the trial judge erred in law in imposing such an unduly severe sentence.

Another ground stated was that the verdict was unsafe and unsatisfactory, since the jury was left to speculate about the evidence of the doctor who had vaginally examined the child.

He also contended that the judge erred in law and misdirected the jury.

The appeal was heard by acting Chancellor of the Judiciary, Yonette Cummings-Edwards, and Justices Dawn Gregory and Rishi Persaud.

While delivering the ruling, the acting Chancellor rejected arguments made on behalf of the appellant and said the court did not find that the trial judge erred in her sentencing. As such, the appeal was dismissed.

“We reiterate that each case will turn on its own particular facts… sentence is a matter for the trial judge, who would have seen and heard witnesses including the accused person,” Cummings-Edwards said as she affirmed Norton’s sentence.