Paedophile grandfather, 76, who molested his five-year-old grandson the day before his birthday is let off prison over fears he might get coronavirus
- A 76-year-old grandfather molested his grandson the day before his 6th bday
- Last year he was sentenced to an 18-month community order for the charge
- Court of Criminal Appeal found it was not enough and he was going to prison
- But he suffers from bronchiectasis, systemic hypertension and kidney disease
- Due to the coronavirus he will not go to prison over fears of catching COVID-19
- Here’s how to help people impacted by Covid-19
A grandfather who molested his five-year-old grandson will not go to prison because there are fears he could get the coronavirus.
The 76-year-old man, who is known only as RC to protect the victim, was sentenced in the New South Wales District Court in July last year.
He was convicted of twice digitally penetrating his grandson’s bottom the day before his sixth birthday, the Sydney Morning Herald reported.
The 76-year-old man was convicted in the New South Wales District Court (pictured) in July last year
The Court of Criminal Appeal did not sentence RC to prison despite finding a community corrections order was insufficient.
The former public servant, who also trained as a priest for five years, was sentenced to an 18-month community order for sexual intercourse with a child under ten.
But this week the Court of Criminal Appeal found the sentence to be ‘manifestly inadequate’ as the maximum sentence for sexual intercourse with a child under ten years is life behind bars.
‘It is so far below the range of sentences that could be justly imposed for an offence of this nature that it could tend to undermine public confidence in the proper administration of criminal justice in the sentencing of offenders for the commission of serious sexual assaults upon very young children,’ Justice Helen Wilson said.
Justice Wilson said the only time full-time imprisonment would not be imposed is because of ‘extraordinary and unusual circumstances’.
‘There were no extraordinary or unusual circumstances in the respondent’s case,’ she said.
A grandfather who raped his five-year-old grandson will not go to prison because there are fears he could get the coronavirus (Stock image)
Justice Wilson said the appropriate sentence for the 76-year-old would be three years in jail with a non-parole period of one year.
But as RC suffers with bronchiectasis, systemic hypertension and kidney disease he is ‘at a greater risk of contracting COVID-19’ according to an affidavit from his doctor.
RC told the court if he were to be imprisoned he could face a ‘very poor outcome including the possibility of death’ if infected with the coronavirus.
Due to fears of contracting coronavirus RC was let off a custodial sentence despite the Court of Criminal appeal agreeing it was more appropriate than the sentence he was given last year.
‘The purpose of such appeals would not be advanced in any meaningful way by sending this 76-year- old man with respiratory problems and other health issues to jail for a minimum period of 12 months during the currency of the COVID-19 pandemic,’ Justice Peter Hamill said.