3 application for leave to appeal further to this court. On a petition to the Chief Justice however leave was granted to appeal against the sentence "oil the basis of the facts found by the trial court". In summary those facts were the following. On the evening of 23 October 1991 a group of young people, which included E.W., were walking in a street in the Strand. Davids, who was driving a bakkie, stopped and offered one of the group R 10 to get a woman for him. The group got onto the bakkie and he drove to a lonely spot near Sir Lowrey's Pass where he parked his vehicle. Everybody got off the bakkie. The accused took E. with him into the cabin of the bakkie, which he locked. After a while the other children came closer to see what was going on. Davids was seen to be 4 lying on top of E., whose dress was up and whose panties were around her knees. She was struggling and kicking. The accused's pants and underpants were