THE Guyana Court of Appeal on Thursday last reduced the prison sentence of Murphy Noorhan, convicted of raping a child, from 40 years to 20 years by ruling that the two 20-year sentences for his convictions will run concurrently instead of consecutively.
Noorhan was convicted on two counts of sexual activity involving the sexual penetration of a 10-year-old girl, committed between January 4 and 5, 2013.
In January 2016, he was sentenced to 20 years for each count, with the sentences set to run consecutively, resulting in a total of 40 years in prison.
The sentencing reflected the gravity of the crime, the breach of trust Noorhan committed, and the lasting psychological harm inflicted on the victim, now around 21 years old.
During the trial, the prosecution presented evidence showing Noorhan’s repeated abuse of the young girl. His then lawyer argued that Noorhan was innocent, questioning the medical report that showed no physical bruising.
The lawyer also contended that imprisonment would only worsen his character.
Despite these arguments, Justice Priya Sewnarine-Beharry emphasised the seriousness of child sexual abuse and Noorhan’s betrayal of trust when delivering the original sentence.
In his appeal filed by attorneys Gwendolyn Bristol and Sarah Martin, Noorhan challenged the consecutive nature of his sentences, arguing that it was excessive and not aligned with modern sentencing practices. Assistant Director of Public Prosecutions Natasha Backer, however, defended the original sentence, arguing that it was appropriate given the crime’s severity.
On Thursday last, the Court of Appeal ruled that while the 20-year sentences for each conviction were appropriate, they should be served concurrently, in line with a precedent set by the Caribbean Court of Justice (CCJ), which stipulates that concurrent sentences should be imposed when multiple offences arise from the same incident.
This decision reduced Noorhan’s total sentence from 40 years to 20 years. The court also ordered that Noorhan be credited for time served.
The ruling was made by Chancellor of the Judiciary (ag) Justice Yonette Cummings-Edwards and Justices of Appeal Dawn Gregory-Barnes.