Sentencing of Cape Town paedophile resumes
Johannesburg - The re-sentencing hearing of convicted paedophile Ian Appleton, who was found guilty of raping a 10-year-old boy, commences in the Paarl Regional Court on Friday.
A full bench of the Western Cape High Court set aside the sentence on December 21 2011 and ordered that the 74-year-old retired accountant and schoolteacher, instead be sentenced to correctional supervision involving a short period of imprisonment.
It ruled that he then be released into house arrest.
Judges Daniel Dlodlo and Vincent Saldanha referred the case back to the Paarl Regional Court, for Magistrate Norma Smile to decide the period of imprisonment, and the duration of Appleton's house arrest.
Developed friendship with boy’s parents
Appleton was found guilty of performing oral sex on the boy in 2008. He was convicted in November for rape under the new Children's Act.
At his trial, it emerged that Appleton had developed a long-standing close friendship with the boy's parents, who gave him unlimited access to the child.
The judges said the magistrate had considered correctional supervision inappropriate, due to the seriousness of the offence.
They said Appleton was currently receiving rehabilitative therapy for paedophilia, and had undertaken to continue with the treatment at his own expense.
This would ensure Appleton was properly managed, monitored and rehabilitated, to enable him to assume accountability and responsibility for his condition, the judges said.
‘Scourge of sexual abuse’
They said State advocate Mornay Julius, in opposing the appeal, had referred to the scourge of sexual abuse of children, and the impunity with which it happened "almost on a daily basis".
The judges said correctional supervision should not be regarded as a "light sentence", as it served the specific purpose of rehabilitation.
If the offender failed to strictly comply with the restrictive conditions applicable to correctional supervision, the offender would be brought back to court to be sentenced afresh.