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. ANNOTATIONS STATUTES 1. Sexual Offences Act No.3 of 2003 CASES 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 [1] 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.

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