High Court of South Africa Western Cape, Cape Town - 2019 May

2 judgments

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2 judgments
Citation
Judgment date
May 2019
DNA and medical injuries can sustain attempted‑rape conviction despite incomplete child testimony; court ordered social‑welfare remedial steps.
* Criminal law – Sexual offences – Attempted rape of child by parent – medical evidence of fresh vaginal and anal injuries and DNA linking accused to complainant sufficient as circumstantial proof where complainant's testimony not completed. * Criminal procedure – Accused's election to remain silent – failure to rebut prima facie case can justify inference of guilt when explanation lies solely within accused's power. * Sentencing – Aggravating features (victim's age, parent–child relationship, physical injury) justify severe punishment; eight‑year sentence not shockingly inappropriate. * Children's rights / Victim support – Repeated postponements, lack of social‑welfare support and counselling constitute secondary victimisation; statutory/policy obligations under Children's Act and National Policy Framework require remedial action.
14 May 2019
Appellate court reduced a 15-year sentence for mass possession of child pornography to 10 years as disproportionate.
Films and Publications Act – possession of child pornography – volume and violent nature of images as aggravating features – counts taken together for sentence – appellate interference where sentencing disproportionate – weight of personal circumstances and expert psychiatric evidence in mitigation.
3 May 2019