A male masseur who molested a female client will be sentenced in Grand Court because the maximum penalty for the indecent assault is higher than the Summary Court can impose.
Rahul Manhukumar, who had earlier been found guilty of indecent assault by Magistrate Philippa McFarlane in the Summary Court following a trial, appeared before her again on Monday, 14 Oct., for sentencing.
The court had heard that, during a massage in November last year, Manhukumar had touched the client’s genitalia.
The sentencing guidelines advise that the starting point for prison terms for such offences, especially where a breach of trust has occurred, is six years – with a range of five to nine years as options, McFarlane pointed out.
She said that since the Summary Court is only empowered to hand down prison terms of no more than four years, she was sending Manhukumar to the Grand Court for sentencing.
Before making her decision to pass the sentencing to the higher court, the magistrate heard submissions from both the defence and the prosecution, and also referred for sentencing guidance to a 2016 case in which a chiropractor had molested multiple patients and taken photographs of them during treatments.
The complainant in this case had given the court a victim impact statement, outlining the continuing psychological impact of the assault.
The matter will appear before the Grand Court on Friday, 18 Oct.
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