skulig bevind word aan verkragting of poging tot verkragting of onsedelike aanranding gepleeg gedurende die tydperk van opskorting nie." L VAN DEN HEEVER JA CONCUR: NESTADT JA) J U D G M E N T NICHOLAS AJA: This is an appeal against sentence. The appellant, Maynard Davids, was charged in the regional court sitting at the Strand with the attempted rape of E.W., an 8-year old girl, on 23 October 1991. He pleaded not guilty. The magistrate convicted him of indecent assault, and sentenced him to imprisonment for 6 years, of which 2 years were suspended for a period of 5 years on condition that he was not convicted of rape, attempted rape, or indecent assault committed during the period of suspension. His appeal against the conviction and sentence was dismissed by the Cape Provincial Division, as was his

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