S v B

JurisdictionSouth Africa
JudgeSelikowitz J
Judgment Date27 December 1989
Citation1990 (1) SACR 541 (C)
Hearing Date27 December 1989
CourtCape Provincial Division

Selikowitz J:

The accused was convicted of indecent assault. He was sentenced to 12 months' imprisonment. The accused pleaded guilty and admitted that he had indecently assaulted a seven-year-old girl by kissing her genitalia and by inserting a finger into her vagina.

H The accused is 21 years old. This is his first conviction. The victim had no serious injuries and no evidence was led to establish that she will endure any suffering as a result of the assault. The evidence shows that the accused maintained the child and her mother with whom he lived.

I requested reasons for the sentence. The reply received is that the presiding magistrate was a temporary replacement who was no longer I available to deal with my query. Why the query was not passed on to him is not dealt with. Be that as it may, I am satisfied in all the circumstances of this case the sentence is excessive.

The crime is a serious one. Child abuse in whatever form it manifests itself is to be condemned. The sentences imposed in cases of child abuse often contain an element of deterrence intended to demonstrate to the offender and to the community that the abuse of young defenceless J victims will not be tolerated.

Selikowitz J:

A Each case must, however, be adjudicated on its own facts. The personal circumstances of the accused as well as the circumstances and the consequences of the crime must be weighed carefully before sentence is decided upon.

In this matter the factors set out above are strongly mitigating.

A jail sentence is appropriate in the circumstances of this case, but in my view society will best be served by a suspension of a major part of the B accused's sentence so as to deter him from repeating his unacceptable behaviour.

The accused is unable to explain his assault and I intend therefore to require him to seek help in ascertaining whether or not he has a problem and, if so, to undergo the recommended treatment.

The conviction is confirmed.

The sentence is altered to read:

C 'Twelve months' imprisonment whereof nine months is suspended for five years...

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1 practice notes
  • S v a
    • South Africa
    • Invalid date
    ...a sickly wife, but also disregarded a previous conviction for an unrelated offence and treated J the appellant as if he were a first 1990 (1) SACR p541 Findlay A offender. Against that he weighed the circumstances that the appellant had been in a position of trust as a foster parent, that h......
1 cases
  • S v a
    • South Africa
    • Invalid date
    ...a sickly wife, but also disregarded a previous conviction for an unrelated offence and treated J the appellant as if he were a first 1990 (1) SACR p541 Findlay A offender. Against that he weighed the circumstances that the appellant had been in a position of trust as a foster parent, that h......

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