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Director of Public Prosecutions, Gauteng v Grobler (6/2017) [2017] ZASCA 82

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Director of Public Prosecutions, Gauteng v Grobler (6/2017) [2017] ZASCA 82

2nd June 2017

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Appeal by Director of Public Prosecutions: s 311 of the Criminal Procedure Act 51 of 1977: appeal against the decision of a Provincial or Local Division on appeal to it competent before this court only on a question of law: the High Court’s finding that a complainant below the age of 12 years acquiesced in a sexual act defined as rape and then considered this as a mitigating factor in sentencing, is a question of law: appeal upheld and matter remitted.

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