increased has failed.

Shawn Gordon Smith will now continue to serve the remainder of the 18-month term handed to him in June for having unlawful carnal knowledge of a girl, aged between 14 and 16 years.

In a Friday judgment, the Court of Appeal dismissed the appeal by the Crown that the sentence, imposed by Puisne Judge Norma Wade-Miller, was "manifestly inadequate''.

Smith, 30, of Sandys Parish, pleaded guilty to the offence in March and was sentenced three months later. A charge of sexual assault was ordered to lie on the file.

A father of three, Smith admitted he had made a mistake but said it was a one-off offence. He added, in a social inquiry report, that the complainant had "distorted facts surrounding the case''.

The Court of Appeal observed that there were allegations that could support a charge of sexual assault and that other facts "indicated that there had been consensual sex''.

And they pointed out that "the note recorded by the judge at sentencing does not make it clear which facts she accepted before passing sentence''.

But they added "...it appears that the judge was sentencing the respondent for having `consensual sex' with a girl who could not consent to the act, because of her age''.