News24

Paedophile wins appeal against sentence

2011-12-20 14:35

Cape Town - The Western Cape High Court on Tuesday upheld an appeal brought by convicted paedophile Ian Appleton against a five-year jail sentence imposed by the Paarl Regional Court last month for performing oral sex on an 8-year-old boy three years ago.

In a judgment handed down on Tuesday, Judges Vincent Saldanha and Daniel Dlodlo ordered that Appleton, a 74-year-old retired accountant and school master, be sentenced to correctional supervision instead, involving a period of house arrest following short period of imprisonment.

The judges referred the case back to the Regional Court, to determine both the period of imprisonment as well as house arrest.

It is not yet known when Appleton is to appear again in the Regional Court.

Comments
  • Shirley - 2011-12-20 14:43

    Once again South Africas legal system fails us! There is no rehabilation for these sickos!! They cause life long trauma,hurt and destruction to their victims and should br given life without parole!!!!!!! Wake up NPA!

      Go - 2011-12-20 15:49

      This is bull !!! So because the piece of cr@p is in his 70's doesnt mean the law should be any softer on him. SA justice - wake up bunch of flippen idiots !!!!!

      emile.eley - 2011-12-20 16:06

      Look guys we've got to respect the Court's decision as the judges had all the facts in front of them. However, if he did this to my kid, I would feed him his own d*ck.

      Hermann - 2011-12-20 16:09

      @Bardy unfortunately this has nothing to do with the government. This is the Bench totally independent from the government, or still at present is independent.

      Squeegee - 2011-12-20 16:22

      So, we have to wait until he does it again - and he will - and messes up another kid, before they send him to jail..

  • barry.visser1 - 2011-12-20 14:56

    I will cut off his d@ck if I see him in the street!

  • Deon - 2011-12-20 14:59

    It seems as every 2nd criminal wants correctional supervision now, but this man should not qualify. I hope his name appear on the p. lists.

      Sharkshoot - 2011-12-21 09:14

      Appear(s)

      scottGdunlop - 2011-12-21 09:23

      Care to know how many convicted criminals are on the sexual offenders list in South Africa? First, you'd have to go through an attorney researching a current case. You'd find that the list (in a country riddled with sexual offfences) is made up of exactly one individual. One name.

      Sharkshoot - 2011-12-21 09:44

      Scott in this country child rape has become endemic in the poorer communities (or possibly has been a problem for decades). Rape and murder of babies and toddlers probably runs into the thousands of cases per year...and not recorded by the authorities.

      scottGdunlop - 2011-12-21 09:50

      @Sharkshoot I agree with you. Part of the tragedy of abuse against children (and, most likely, one of the reasons vulnerable kids are targeted) is that people are hardly ever caught, and that the court cases are compromised by parents who refuse to allow kids to testify, or kids who are too young to articulate their trama. Still, there should be a more effective register of convicted offenders, accessible to employers (say, schools, for example).

      Deon - 2011-12-21 12:32

      Scott, some time ago only 1 was on the list but now +- 29 if I remember correctly from a recent Carte Blanche. Thanks Sharkshoot, my "Klein Karoo English" is not the best.

  • Snoopsy - 2011-12-20 15:00

    Death Penalty for YOU! You pretty much killed the Little boy's soul!! And now he will have to live with this Trauma for the rest of his life. While you sit pretty in you house. It boils my blood to think people like you get off so easily!

  • Stephen - 2011-12-20 15:05

    I naturally do not know the details of this case, nor am I sure of the reasons for the appeal. It does however appear as if the guilty verdict was accepted. I was under the impression that sex with an 'underage' is statutory rape. It should not matter if it is with a boy or a girl. And 8 is definitely underage!

  • Virginia - 2011-12-20 15:06

    Shocking - this man knew exactly what he ws doing - the legal fraternity knows exactly what he does when he is free - yet this? Castrate the bastard!

  • Karmah - 2011-12-20 15:06

    I give up! This country is doomed, this government is USELESS. Merry christmas my ASS! All you see is rape and carnage.

  • George - 2011-12-20 15:08

    Don't pay your TV licence 20 years with no parole. Kill, rape or injure and you out in three months.

  • Kerry - 2011-12-20 15:10

    Why is he still taking up space??????

      Louise - 2011-12-21 17:03

      Ja, why is he still even breathing fresh air?

  • Tania - 2011-12-20 15:12

    This is worse than murder and he walks free!!! That child is scarred for life!!!!! SA justice system 2, SA 0

  • Christian - 2011-12-20 15:14

    I wonder how Ndlodo and Saldanha would feel if it were their child?!?!?!?!

  • Tania - 2011-12-20 15:14

    And in 2 or 3 years time he is the new Sunday rapist......

  • taurais - 2011-12-20 15:18

    Disgusting!! Did they even consider the neighbors of this animal who will now have to live in constant fear that this scum might pounce on their children while they are at work?? I thought 5 years was light to begin with considering his crime and now they have lessened even that!! what a joke of a justice system we have, how can other Paedophiles be discouraged from doing the same thing when they know if caught they will just get a slap on the wrist like this sentence!! Shame on us S.A!!

  • Inkwazi - 2011-12-20 15:20

    onother white man OUT.

      emile.eley - 2011-12-20 16:09

      Uncalled for.

      Yar - 2011-12-20 23:00

      @inkwazi This filth knows no racial boundary. Playing the race card doesn't work on this one.

      alansmartSnr - 2012-02-24 22:20

      @Inkwazi.. You want to make this a racial issue..OK..What about your people taking young men into the bush for "schooling and manhood". Playing with their "you know whats" and them cutting them.. and always a few fatalities ivolved. The excuse, "its our culture". People in glass houses, ect. Sweep in front of your own door first!!!

  • PyroSA - 2011-12-20 15:27

    One thing I don't get - These calls for castration... If he performed oral on the boy, how will that dissuade him?

      Yar - 2011-12-20 23:02

      @pyro Castration is not effective. He is nuts. The only real option is the death sentence.

      Boer - 2011-12-21 06:04

      male castration takes away sex drive...by interfering with the hormones of the body, mainly testosterone (chemical castration). it is quite a drastic step, but validated i feel, taking away a basic human need. if practised i hope that the offender really is guilty.

  • Shirley - 2011-12-20 15:33

    Ibhubesi: Sorry to hear that! [Sounds so cliche] I honestly believe that a society is shaped by the laws/consequences it must follow and obey. It feels to me that government/lawmakers are actually intentionally allowing the very moral backbone of S.A. to slowly crumble away! Why do they let these inhumane people inflict such pain and suffering and continue living a normal life? Somewhere somehow we have to stop this "dont care" attitude to our lives! We are worth more! I hope you find peace and remember that it WASNT your fault!

  • Garth - 2011-12-20 15:36

    Thats only 1 little boy that we know of.

  • Development - 2011-12-20 15:49

    I knew Ian Appleton when I was younger, and I thought he was a very nice man. Despite this, I am now a father and as a result, any respect I may have had for him is gone. The gallows or being locked away forever - I don't care. Either way, he is sick and must be removed from society.

  • Deon - 2011-12-20 15:58

    No doubt the sentence was altered with a balanced and considered judgment, which has NOT been reported. I am so tired of people ranting on about sentencing when they either have not the slightest idea of the full range of facts, or at best some half-baked press version. Please understand that judges consider matters like this extremely carefully and unemotively - which is more than the chattering classes do!

      Shirley - 2011-12-20 16:05

      Blah blah nice there in fairy land??????

      Andre - 2011-12-20 16:15

      Yes I am sure these judges that "so carefully consider the facts" are not playing a role in our high crime rate. LOL. The fact is sentences are all relative so in this judge's skewed mind it is a fair sentence but to us the tax paying public it is a miscarriage of justice. The public should feel satisfied that the justice system provides justice but in most cases we do not because liberals force their pathetic values down everybody's throat, I am not calling for mob justice but I can see no reason any pedophile should get a sentence of less than 20 years. Of course capital punishment would be first price but we know that the liberals closed that avenue long ago irrespective what us taxpayers want. It is strange how much sympathy these judges have for a criminal but not a child who's life has been messed up completely him.

      Mike - 2011-12-20 16:53

      Deon I agree and I'm sure it was done as you correctly point out.

  • Jacqueline - 2011-12-20 16:07

    Makes me sick. Its ok that he messed up this little boys life. He should be shot.

  • Sharon - 2011-12-20 16:10

    That is just truly disgusting

  • Andriette - 2011-12-20 16:17

    OMG! This guy will be doing the same thing and worse in no time...

  • Vic - 2011-12-20 16:19

    Let the old man die in jail. He's scum.

  • DestinedForGreatThings - 2011-12-20 16:21

    Frikken hell he did it... jail the horny bastard!!!!!

  • nspaynter - 2011-12-20 16:32

    I am a convicted paedophile. I was given a two year sentence. I only needed to do four months, but I chose to do a year and then the rest on parole. Sexually molesting children is a serious offence. Often children who are molested grow up into damaged adults. This has happened to some of my victims. Unfortunately the perpetrator does not realize the damage he (or she) is doing at the time. We need EDUCATION. If you have been sexually molesting children you need to report it immediately and get help, even if it means serving a prison term. And your victims need to be helped. And if a child reports a molest, they need full support. Avoid the hysteria in front of the child (this often happens) It's NEVER the child's fault. The critical factor in this case, and many like it: is he going to re-offend?

      nspaynter - 2011-12-20 16:36

      And Ibhubesi who commented in this forum at December 20, 2011 at 15:25 is yet another victim!

      Shirley - 2011-12-20 16:44

      Dont know if you are brave by posting here or attention seeking. I have one question for you-can you honestly say that you will never molest another child after you have received "help"? You suffer from a disease and to my knowledge there is no cure for it.

      Gaby - 2011-12-20 16:47

      Often children who are molested grow up into damaged adults? I would say "always." Some just do better at hiding it. How do you have a trusting relationship after that. How do you have a satisfying sex life. How do you feel normal?

      nspaynter - 2011-12-20 16:54

      Shirley: I have been in the very unusual situation of being able to speak to victims (not my own) and heard their stories and listened to their pain. One victim said they wished they had a big wound on their arm with bruising and even some oozing blood. Then they could point to that and say that's where it hurts. A molest victim hurts but they are often frustrated because they can't describe that hurt to others. Victims also have a problem functioning normally when they get married and have sex with their partners. No I will never re-offend. I will always be a paedophile. That cannot be changed. But it can and has to be managed. And the bottom line is to stay away from all children.

      nspaynter - 2011-12-20 16:57

      Gaby: There are victims who are not affected. I don't know the reasons. All I can say is that a molest should not be taking place in the first place. I had no way of knowing which of my victims would be damaged in the future.

  • inwardk - 2011-12-20 16:47

    We will never win the war against crime if judges are soft on paedophiles. Once again the legal system ruled in favour of the criminal not the victim. This man was 71 years old when he committed this offense. I cannot believe this is his first time. This pervert needs to be locked up.

  • Shirley - 2011-12-20 17:10

    nspaynter: I hope that you are never allowed anywhere near a child again. The harm done by child molesting is something they carry throughout their lives and often pass on to their loved ones later. I can only pray that you will be able to resist the "demons" inside you and that out of your wretched past some good can come out of your communicating with other victims.

      nspaynter - 2011-12-20 17:20

      Shirley, thanks for your comment. The problem is "never allowed anywhere near a child again" is extremely difficult to impose once a paedophile is returned to society. The paedophile himself has to have a change in mindset where he/she makes the decision to stay away from children. It's difficult but it is better that there are people who know your past so that they can also keep an eye on you.

      nspaynter - 2011-12-20 17:21

      There's also another aspect of staying away from children. It becomes easy for somebody to point a finger at you and make a false accusation. Then you don't stand a chance......

      Henk - 2011-12-21 09:23

      My sister once accused me of molesting her daughter when she saw me give her a greeting hug in front of many other people at a wedding. On top of that, my girlfriend was next to me. It hurt so much I never got near my sister or her daughter again, and it was about 7 years ago. They probably forgot about the incident but I'll never forgive my sister. These things are too scary to contemplate and I don't know how a grown man can have these desires, much less succumb to them. I am not blind, I know some girls look quite appetizing at say 15 or 16 but hell, rationality should prevail always.

  • Fawzia - 2011-12-20 17:16

    please do you people also have sick & distorted morals. How on earth can you in a right frame of mind uphold ian appleton's appeal. signs of the coming judgement where evil will be passed off as good & good will be sidelined. Justice is dead . think of the victim. I hope that the judges's children do not meet the same fate as appleton's victims. then the shoe will be on the other foot. Wake up judges, see evil for what it is.

      nspaynter - 2011-12-20 17:47

      A judge who bases his decisions on morals or personal feelings is not a good judge. He needs to base his/her decision purely on law. A bad judge would be like many on this forum, judging according to mass hysteria. The morals come into play in parliament where our MPs get together and formulate or change the laws of our land. And there needs to be checks and balances in that procedure.

  • Bruce - 2011-12-20 17:56

    These guys are never rehabilitated. All children remain in danger. We are supposed to have new stringent laws to protect children. We tend to make laws with gay abandon which never get enforced.

  • Shirley - 2011-12-20 18:11

    NSPAYNETER: You see herein lies the problem with releasing molesters back into society: Of the ones back on the street1/100 of them actually go to therapy,are constantly monitoring there emotions and behaviour etc.The other 99 slip away into the public domaine and Joe public has no idea what he is!!! They repeat the crime over and over and the structures we have in place to deal with these crimes are nowhere close to being affective. Will power is not infallable.

      nspaynter - 2011-12-20 18:30

      I had to attend a therapy group as part of my rehabilitation after I was released from prison. I had mixed feelings. I have no doubt that there were men who did respond well to the therapy, but there were also others who did not respond. I personally had a lot of issues about it that I feel the therapist did not respond to. Everybody is different and what works for one will not work for another. If I had relied solely on my therapy I have no doubt that I would have gone on to re-offend.

      nspaynter - 2011-12-20 18:35

      Another issue here is relying too heavily on preventing re-offences. We have a register which is good in a sense. But the register is checked when somebody applies for a job working with children, and he is molesting but he has not been caught, and he's given the job because his name does not appear in a register so he is deemed "safe". I would prefer to spend energy and time in preventing ANY molestation, whether it's a re-offence or a new offender.

  • marizelle.coetzee - 2011-12-20 18:20

    What a disgrace!!!

  • Shirley - 2011-12-20 18:35

    Nspaynter: I applaud your honesty.

  • mario - 2011-12-20 18:45

    the system in South Africa develops more and more criminals.

  • tessbester - 2011-12-20 18:49

    Hang the so-called JUDGES along with the offenders.... They are a disgrace... peadophiles should not be allowed toe appeal.....

  • louis.langenhoven - 2011-12-20 21:10

    and so we keep on messing up evolution...put the Apple in a tree...where he belongs

  • SuzanneGonzalez - 2011-12-20 21:22

    Unbelievable...he has been a paedophile all his life, and still active at the age of 71 & he gets off??? Where is the justice?? Is this the example we sat for other pervets??? SICK

  • Pieter - 2011-12-21 00:04

    The ANC and paedophiles are brothers in arms, and comrades in perversion. They both thrive in the perverted society the ANC has brought about. Why then should the ANC's judges destroy that?

  • Boer - 2011-12-21 06:10

    i am sure with the right help the boy will recover from this terrible ordeal. there is no need for it to affect him for the rest of his life and no reason why he cant lead a normal life.

  • Silvana - 2011-12-21 06:29

    F*&$ing pig. Just because he's 74 he qualifies to do his "time" outside of jail. Where is the justice for the victims in this country gone to?

  • Charmain - 2011-12-21 08:55

    What is going on here He should be put in jail and rot

  • TheWatcher - 2011-12-21 09:55

    sow his lips shut

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