67. In view of the foregoing, the Court dismisses the Applicants’ allegation that
the Respondent State violated Article 3 of the Charter in respect of the
manner in which the Court of Appeal handled the issues of burden of proof
and evidence.
B. Allegation that the decision to substitute the sentences could not be
appealed
68. The Applicants allege that the decision of the Court of Appeal to dismiss
their appeal, set aside the sentence of thirty (30) years imprisonment and
substitute it with life imprisonment left them aggrieved and without any
opportunity to appeal.
*
69. The Respondent State refutes this allegation and contends that the Court
of Appeal merely addressed the anomaly in the sentencing of the accused
and handed out the appropriate sentence as provided by law for the offence
of gang rape which attracts life imprisonment as stipulated under Section
131A(2) of the Penal Code.
70. The Respondent State further argues that although the Court of Appeal is
the highest court of the land, the Applicants still had the opportunity to file
an application for review of its decision.
***
71. The Court notes that while the issue raised by the Applicants is in relation
to the lack of a remedy against the substitution of the sentences, their
allegation is that the manner in which this issue was examined led to a
violation of their rights to equality before the law and an equal protection of
the law.
72. The Court observes that while the alleged violation is that of the right to
equal protection of the law, preliminary clarifications are required in respect
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