S v B

• Jurisdiction: South Africa
• Citation: 1990 (1) SACR 541 (C)

S v B
1990 (1) SACR 541 (C)

1990 (1) SACR p541

Citation	1990 (1) SACR 541 (C)
Court	Cape Provincial Division
Judge	Selikowitz J
Heard	December 27, 1989
Judgment	December 27, 1989

Flynote : Sleutelwoorde

I Assault — Indecent assault — Sentence — Indecent assault of seven-year-old girl — Victim suffering no serious injuries and no evidence that she would endure any suffering as a result of offences — Accused had maintained the child and her mother with whom he lived — Child abuse a serious offence — Sentences imposed often contain an element of deterrence to demonstrate to offender and the community that such offences will not be tolerated — Strongly mitigating factors J present — Prison sentence appropriate

1990 (1) SACR p542

A but major part thereof should in the circumstances be suspended — One of the conditions of suspension designed to require accused to seek help in determining whether he has a problem and, if so, to undergo recommended treatment — Sentence of 12 months' imprisonment altered on review by suspending nine months thereof for five years on appropriate conditions. B

Headnote : Kopnota

The accused had been convicted in a magistrate's court of the indecent assault of a seven-year-old girl by kissing her genitalia and inserting a finger therein. The magistrate sentenced the accused to 12 months' imprisonment. On review, it appeared that the girl had suffered no serious C injuries and no evidence was led that she would endure any suffering as a result of the offence. It appeared further that the accused maintained the child and her mother with whom he lived.

Held, that the crime was a serious one: child abuse in whatever form it manifested itself was to be condemned; the sentences imposed in cases of child abuse often contained an element of deterrence intended to demonstrate to the offender and the community that the abuse of young D defenceless victims would not be tolerated.

Held, further, as each case had to be considered on its own facts and having regard to the strongly mitigating factors set out above, that a prison sentence was appropriate but that society would best be served by a suspension of the major portion thereof so as to deter the accused from repeating his unacceptable behaviour.

E Held, further, as the accused was unable to explain the assault, that he should, as one of the conditions of suspension, be required to...