58
would in any event defeat one of the very purposes for which s 51 of Act 105
of 1997 was enacted.
[104] The trial court also correctly found that the involvement of the complainant’s
male family members and grandmother was nothing more than a neutral factor
insofar as the appellant’s own blameworthiness was concerned. It thus found
that substantial and compelling circumstances existed which justified the
imposition of a lesser sentence than that prescribed on the counts of rape.
Similarly no criticism can be levelled at the sentence imposed by the trial court
when exercising its ordinary penal jurisdiction on the count of trafficking.
Conclusion
[105] In the result, save only in respect of the convictions on the counts of assault,
there is no basis for this court to interfere in the trial court’s decision.
[106] We thus make the following order:
1.
The appeal succeeds in part.
2.
The appellant’s convictions on the counts of assault with intent to
cause grievous bodily harm, and common assault, are hereby set
aside.
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