S v Mazamela (RCA 42/2020) [2023] ZAWCRD 8 (31 August 2023) (Sentence)

Sentence appeal – historic child rape and indecent assault – sentencing discretion – advanced age and ill‑health as mitigating factors – long delay in prosecution – grooming, abuse of trust and lasting harm as aggravating factors – appellate interference only if sentence is strikingly inappropriate.

Criminal law – Minimum sentencing (s51(1) and Schedule 2 Part I) – Rape of a child under 16 and repeat offences – Substantial and compelling circumstances – Ill‑health (stroke, HIV) as mitigating factor – Abuse of position of trust; pregnancy and HIV transmission as aggravating factors.

Criminal law – Sentencing – Prescribed minimum sentence under s 51(1) read with Part I of Schedule 2 for rape of a child – substantial and compelling circumstances – when not present; Conspiracy to commit murder – liability and sentence equivalent to person who committed murder (s 18(2) Act 17 of 1956) – life imprisonment appropriate; Child pornography – production and possession sentencing considerations; Firearms offences and loss of firearms – appropriate sentences and mens rea considerations; Unregistered medicine used for circumcision – forfeiture and danger to public; Concurrent sentences – application of s 280(2) of the Criminal Procedure Act; Sexual offender register – s 50(1) of CL(SO)A.

Criminal Procedure Act s 60(11)(a) – renewed bail applications – criteria for "new facts" or changed circumstances – onus to prove exceptional circumstances on balance of probabilities – consideration of cumulative old and new facts – effect of prior false evidence on likelihood of undermining justice – impact of delay, minor children and detainee illness.