was stated that the Court has to consider amongst others, the nature and
seriousness of the offence, the circumstances of the offender and the
interests of society.
[10] I now proceed to deal with the defence’s submission that the court
a quo did not have the jurisdictional powers to try the accused because
she was a Magistrate of second class. In this connection, my simple
answer is that the Act itself prescribes such a procedure in terms of
section 31 (2). In addition, section 293 of the Criminal Procedure and
Evidence Act
6
carries a similar provision.
This means that the
magistrate was within her statutory powers to try the accused and to
commit him for sentence. Thus, this submission falls aside.
[11] With respect to the issue of delay which was similarly raised in
another case in which the accused was committed to this Court for
sentence,
7
I find it convenient to quote my remarks therein in which I
stated as follows:“While I do accept that by spending one (1) year and three
(3) months in prison while awaiting his trial the accused did
suffer prejudice, I am also of the opinion that in the light of
the seriousness of the offence, the prescribed sentence and
the fact that sexual offending is one of the worst scourges of
abuse against the vulnerable section of society especially
young children, the prejudice can be mitigated in the sense
that the custodial sentence to be imposed should in the final
6
7
Act No. 9 of 1981
R v Tumelo Monesa CRI/S/4/10