n South African Journal of Criminal Justice - Sentencing : recent cases

Volume 23, Issue 3
  • ISSN : 1011-8527
  • E-ISSN: 1996-2118



The judgment in 2010 (2) SACR 248 (SCA) is important as far as sentencing is concerned, despite its deceptive brevity. The majority judgment by Heher JA touches on several aspects of sentencing and it is full of phrases loaded with sentencing principle. The case involved charges of rape and indecent assault committed by two brothers. The victims were a 4-year-old girl and 6-year-old boy (see below for a discussion of the facts).

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