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.

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