The Chief Justice yesterday wondered whether the courts were applying the suspended sentence rule correctly and whether the prosecution furnished magistrates with all the necessary information on the police record of an accused. His comments came as he decided an appeal filed by 23-year-old Roderick Barun who had been jailed for three years for living off the earnings of prostitution.

Chief Justice Vincent DeGaetano noted that the accused had already been convicted seven times (for various crimes not connected with prostitution) and been given no fewer than five suspended jail terms and a conditional discharge. This liberal approach by the courts, he said, was totally incomprehensible to him.

"One would have to ask whether the courts are applying this form of punishment correctly or whether the prosecution appears in court equipped with the necessary information about the accused so that the Magistrates' Court can be certain that no abuse of this form of sentence, even if unintentional, occurs," the Chief Justice commented.

Mr Barun was jailed for three years on February 26 for living off the earnings of prostitution in June last year.

He was, however, cleared of defiling two underage girls, participating in sexual acts with them, conspiring to commit a crime and running a brothel.

In his appeal, Mr Barun asked the Criminal Court of Appeal to review the judgment as his was not a "continuous" crime as prescribed by law, his guilt was not sufficiently proven and the punishment was excessive.

The Chief Justice said that in this case the crime was not committed over a period of time and so Mr Barun could not be found guilty of committing a "continuous" crime. However, since he had been jailed for three years the appeals court felt the maximum term for the crime should be applied, which is two years.

The court added that guilt had been proven by the prosecution and the punishment was not excessive because Mr Barun had already broken the law several times and had, therefore, relapsed.

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