S v Caswell (2005) JOL 13512 (Tk)

Main Issue: Common assault/unlawful chastisement of a 15 year old daughter

Findings: The accused (father) who is convicted of a charge of assault with intent to commit grievous bodily harm on his daughter (for allegedly having a love affair with someone) asked for pardon. On review the Court confirmed the conviction but set the sentence of 18 months aside and replaced it with one of six months or R2000. The Court reasoned that, although the father’s concern for his child was misplaced, he thought he was acting in her interests.

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