The Court imposed an aggregate sentence of 13 years imprisonment (NPP 9 years 6 months) on an 88-year-old offender for maintaining an unlawful sexual relationship with his daughter over six years (1973-1979) and indecent assault of his 15-year-old sister-in-law (1962), applying the retrospective operation of s 66EA confirmed in Xerri. The Court held that while the offender's advanced age and ill-health warranted significant reduction of the head sentence and would make custody more onerous, these factors could not reduce the sentence to a level disproportionate to the objective seriousness of the offending, and that the prospect of dying in custody does not preclude an appropriate sentence. The Court declined to find special circumstances, holding that the matters relied upon (age, health, first time in custody) had already been factored into the reduced head sentence and that further adjustment would constitute impermissible double counting.
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