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