4 across pornographic images of adult women and later stumbled upon photographic images of the respondent engaged in sexual acts with the complainant. This fortuitous discovery set the wheels of justice into motion and culminated in the prosecution of the respondent on the seven charges mentioned earlier. It is, however, not necessary in my view to recapitulate all the evidence led at the trial. Rather, this judgment will focus on a single issue decisive of this appeal, namely, whether the appeal is one based on a question of law: that the High Court wrongly took into account that the complainant could have consented to the sexual act (defined as rape) when she was but ten years old. I shall deal with the facts underlying the application of the wrong principle more fully below. [5] At the conclusion of the trial the respondent was convicted on six counts, but was acquitted on count 6. After hearing both the defence and the State on mitigation and aggravation of sentence, the regional magistrate sentenced the respondent, in terms of s 51 3 of the Criminal Law Amendment Act 105 of 1997, to life imprisonment on each of the three rape counts. The three remaining counts (counts 4, 5 and 7) were treated as one for purposes of sentence and a sentence of 10 years’ imprisonment was imposed. In addition, the regional magistrate directed that the respondent’s particulars be recorded in the sexual offences register in accordance with s 50(2)(a) 4 of the Sexual Offences Act. [6] It bears mention that the sentences of life imprisonment imposed in respect of counts 1 to 3 were in consequence of the finding by the regional magistrate that there were no substantial and compelling circumstances present. Thus, it held that a departure from the mandatory sentence of life imprisonment was not justified. 3 Section 51 (1) provides: ‘Notwithstanding any other law, but subject to subsections (3) and (6), a regional court or a High Court shall sentence a person it has convicted of an offence referred to in Part I of Schedule 2 to imprisonment for life.’ Those subsections (s 51(3)(a) and (6)) in turn provide for departures from the prescribed sentence if a court is satisfied that substantial and compelling circumstances exist which justify the imposition of a lesser sentence than the sentence prescribed and where the accused was under the age of 16 years at the time of the commission of an offence (in terms of the old s 51(6)). 4 Section 50(2)(a) provides: ‘A court that has in terms of this Act or any other law— (i) convicted a person of a sexual offence against a child or a person who is mentally disabled and, after sentence has been imposed by that court for such offence, in the presence of the convicted person; must make an order that the particulars of the person be included in the Register.’