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Cited documents 7
Judgment
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Conviction and life sentence upheld despite exclusion of an illegally obtained warning statement; child witness evidence deemed trustworthy.
Criminal law – Sexual offences – Single child witness evidence and trustworthiness (Woji principles; rejection of double cautionary rule); illegally obtained warning statement and its exclusion; late and uncorroborated alibi (Thebus); minimum sentencing under s 51(1) and Schedule 2 – no substantial and compelling circumstances to deviate from life imprisonment.
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Reported
Whether the appellant's circumstances constituted substantial and compelling reasons to avoid life imprisonment for raping his minor daughter.
Criminal law – minimum sentences – s 51(1) and s 51(3)(a) Criminal Law Amendment Act 105 of 1997; rape of minor by parent (incest) as aggravating factor; substantial and compelling circumstances — meaning and threshold; plea of guilty, remorse, rehabilitation and drug use as mitigation; comparative sentencing as guideline not binding; scope of appellate review of prescribed minimum sentences.
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Ill‑health does not constitute substantial and compelling circumstances to avoid prescribed life sentence for repeated rape of a 12‑year‑old.
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.
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Life imprisonment imposed for child rape and conspiracy to murder; no substantial and compelling circumstances found.
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.
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Act
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Human Rights
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Human Rights
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Peace and Security
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