A man who was convicted of participating in sexual acts with his partner's 15-year-old daughter, making her pregnant, today had a five-and-a-half-year jail term reduced to four years.

The man had also been convicted of relapsing.

He successfully argued on appeal that the Magistrates' Court had in its considerations applied the aggravating factor that he had abused of a position of trust. However, according to law, this factor applied only if he had wilfully or recklessly endangered the girl's life.

Mr Justice David Scicluna said the man had responsibility over the girl but there was no evidence to show that her life had been endangered.

The man also argued that the girl had harassed him and pressured him to have sex with her, something which the first court had ignored.

The court said that the man should have informed the girl's mother and avoided being alone with her. But the man had actually taken advantage of the situation.

 

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