Nambithi

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2 judgments

Citation	Judgment date
April 2024
S v Hadebe (SH 56/2019) [2024] ZAKZNRD 4 (30 April 2024) (Leave to Appeal) Leave to appeal rape conviction refused after application of leave-to-appeal test and statutory definition of consent. Leave to appeal — test of reasonable prospects of success; Sexual Offences Act — consent must be conscious and voluntary; mere submission/acquiescence not consent (Mugridge); section 1(3)(b) abuse of power relevant in parent-child sexual offences; leave to appeal refused.	30 April 2024
S v Hadebe (SH 56/2019) [2024] ZAKZNRD 3 (26 April 2024) (Sentence) Accused father sentenced to lengthy imprisonment for raping his 15‑year‑old daughter; medical condition found substantial mitigating factor. Sexual offences – intra‑familial rape of a child by her father – aggravating features: breach of trust, victim’s young age, offences in family home, protracted abuse, HIV infection; sentencing – primacy of denunciation and deterrence under s51 CLAA; proportionality test and recognition of substantial and compelling circumstances (medical condition); ancillary orders – publication ban, sex‑offender registration, declaration of unsuitability to work with children, notifications to social development, firearms licencing consequences.	26 April 2024