pregnant – accused given prescribed minimum sentence of 10 years
imprisonment – court a quo not stating factors it took into consideration
- relevant factors to take into account - the nature and seriousness of
the criminal act itself – the interest of society - relevant personal and
other circumstances relating to the offender which could have a bearing
on the seriousness of the offence - the culpability of the offender –
sentence altered to 20 years imprisonment.

1. Sexual Offences Act No.3 of 2003

1. S v Vilakazi 2009 (1) SACR 552 (SCA)
2. S v Malaga 2001 (1) SACR 469 (SCA)
3. R v Leteba CRI/S/001/2013
4. R v S Masitha CRI/526/2013


This matter came before me on automatic review after the accused

was convicted of rape it having been alleged that he had unlawful sexual
intercourse with his 17 year old daughter resulting in her falling
pregnant. The accused pleaded guilty to the charge admitted the
evidence outlined by the prosecution.

Select target paragraph3