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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