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Criminal Law [2016] ZANCHC 6

J.P.A v S (CA&R80/2007)

J.P.A v S (CA&R80/2007) [2016] ZANCHC 6; 2017 (2) SACR 143 (NCK) (12 August 2016)

The court held that the prescribed sentence of life imprisonment was applicable due to the complainant's age, and the appellant was properly informed of this. The absence of violence and lack of permanent physical injury were outweighed by the appellant's abuse of his position of trust as the complainant's father, manipulation, and threats. The appellant's prior convictions, although not for sexual or violent offences, indicated a general disregard for the law. The appellant showed no genuine remorse, and his advanced age did not constitute a substantial and compelling circumstance justifying…

  • Rape
  • Minimum Sentencing
  • Substantial And Compelling Circumstances
  • Sentencing Of Elderly Offenders
  • Remorse
  • Incest
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