THE SUPREME COURT OF APPEAL OF SOUTH AFRICA
JUDGMENT
Reportable
Case No: 6/2017
In the matter between:
DIRECTOR OF PUBLIC PROSECUTIONS, GAUTENG
APPELLANT
and
MORNE GROBLER
Neutral Citation:
RESPONDENT
Director of Public Prosecutions, Gauteng v Grobler (6/2017)
[2017] ZASCA 82 (2 June 2017).
Coram:
Lewis, Petse and Mathopo JJA and Gorven and Mbatha AJJA
Heard:
2 May 2017
Delivered:
2 June 2017
Summary: Appeal by Director of Public Prosecutions: s 311 of the Criminal
Procedure Act 51 of 1977: appeal against the decision of a Provincial or Local
Division on appeal to it competent before this court only on a question of law: the
High Court’s finding that a complainant below the age of 12 years acquiesced in a
sexual act defined as rape and then considered this as a mitigating factor in
sentencing, is a question of law: appeal upheld and matter remitted.