The appellant, a pastor at the Apostolic Faith Mission Church in Richards Bay, was convicted in the Regional Court on four counts of indecent assault and two counts of crimen iniuria. The offences were committed between August 2002 and January 2005 against three female complainants aged between 16 and 21, all of whom were members of his church or closely connected to it. The assaults occurred during purported counselling sessions, which the appellant conducted in abuse of his position of trust and authority. The complainants testified that the appellant touched their legs, thighs, vaginas and breasts, asked sexually explicit questions, and behaved in a sexually inappropriate manner. He was sentenced to an effective term of four years’ imprisonment. Appeals against conviction and sentence failed in the High Court. The appeal before the Supreme Court of Appeal was limited to sentence only.
The appeal against sentence succeeded. The sentences imposed by the trial court were set aside and replaced with a single sentence of four years’ imprisonment in terms of s 276(1)(i) of the Criminal Procedure Act 51 of 1977.
This case is significant for South African sentencing jurisprudence as it clarifies the circumstances under which an appellate court may interfere with a sentence even in the absence of a material misdirection. It highlights the importance of proportionality, comparative sentencing, and the proper balancing of deterrence with the offender’s personal circumstances, particularly in cases involving abuse of trust and sexual misconduct.