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Criminal Law [2024] ZAWCHC 166

Ruiters v S (A125/2022)

Ruiters v S (A125/2022) [2024] ZAWCHC 166; 2024 (2) SACR 570 (WCC) (18 June 2024)

The court held that there is no rational basis for distinguishing between previous convictions for rape under the common law and those under the Sexual Offences Act for purposes of minimum sentence legislation. The expanded statutory definition of rape in section 3 of the Sexual Offences Act subsumes the essential elements of the common law offence. The court disagreed with the reasoning in S v Jacobs and found that previous common law convictions for rape must be taken into account when sentencing under section 51(2)(b). The appellant's personal circumstances and criminal record did not pres…

  • Minimum Sentence Legislation
  • Rape
  • Common Law Vs Statutory Offence
  • Sentencing Guidelines
  • Substantial And Compelling Circumstances
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