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Criminal Law [2021] ZAWCHC 158

McLean v S (A112/21)

McLean v S (A112/21) [2021] ZAWCHC 158; 2021 (2) SACR 437 (WCC) (12 August 2021)

The court found that the aggravating features of the crime were overwhelming, including the abuse of trust, the cruel and degrading manner of the attack, and the targeting of the complainant based on her sexual orientation. The appellant showed no remorse and had a history of similar offences, including committing the present offence during the period of suspension for a previous sexual offence. The trial court considered all relevant mitigating and aggravating circumstances and correctly found that there were no substantial and compelling circumstances to justify deviation from the prescribe…

  • Rape
  • Minimum Sentence Legislation
  • Corrective Rape
  • Hate Crime
  • Substantial And Compelling Circumstances
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