THE Guyana Court of Appeal, on Tuesday, ordered a retrial for Julius Branker, who is currently serving 40 years for the knife-point rape of a mother of one at her home in 2014.

In 2018, Justice Simone Morris-Ramlall, in the Sexual Offences Court at the Georgetown High Court, sentenced Branker to serve 40 years, after a 12-member jury found him guilty of the crime.

The offence occurred on February 15, 2014, when the accused, armed with a knife, broke and entered the home of the victim. While she was in bed with her 18-month-old baby, he committed the rape.

In his appeal, he claimed that the trial judge erred on several pertinent issues leading up to the verdict in the High Court.

As it relates to the severity of sentence, Branker claimed that the trial judge erred in law by failing to apply case law principles that promote fairness in sentencing.

The appeal case was heard via Zoom by Chancellor (ag) of the Judiciary, Yonette Cummings-Edwards and Justices of Appeal, Dawn Gregory and Rishi Persaud.

The Chancellor, in her ruling, agreed with Branker’s contention and stated that the conviction will be set aside based on the evidence presented in the case.

However, she said that the issue of sentencing will not be addressed.

She ordered that the matter be sent back to the High Court for retrial at the next practical sitting of the Demerara Criminal Assizes. Branker will remain on remand.