MK v S (A 46/21) [2021] ZAGPJHC 79 (8 November 2021)

Case summary

Appeal against conviction and sentencing – rape, sexual assault and
kidnapping of minors – complainants 10 and 11 years old at the time – unexplained delay in prosecution of appeal – evaluation of evidence – cautionary rules – splitting of charges / duplication of convictions – appropriateness of mandatory life sentence – absence of substantial and compelling circumstances – competency of a sentence of life imprisonment plus 20 years within the context of section 39(2)(a)(i) of the Correctional Services Act, No. 111 of 1998


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