CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT ... - saflii

ACKERMANN AND GOLDSTONE JJ[5] The facts which emerged from the evidence adduced on behalf of the applicantin the High Court appear from the judgment of Chetty J and from that of Vivier JAwho delivered the unanimous judgment of the SCA. It will make the discussion inthis judgment more comprehensible if the relevant facts are restated.[6] Coetzee was born in 1973. He had problems of a sexual nature from about theage of ten years and had sexually molested his niece when in his early teens. Hismother, Mrs Annie Coetzee, had been sufficiently concerned to seek advice from theirdoctor but had been advised that her son was too young to be given medication.[7] Coetzee passed his matriculation examinations. He sang for some time in achoir that devoted its time to entertaining ill people. He also spent many hours athome reading.[8] On 3 June 1994, when he was 20 years of age, Coetzee committed an indecentact on a 25 year old acquaintance of his, Beverley Claassen. Late at night, while shewas asleep, he climbed through her open bedroom window and lay next to her in herbed. He indecently fondled her until she awoke and gave the alarm. He escapedthrough the window and ran off. On 6 September 1994, he stood trial on charges ofhousebreaking and indecent assault arising from that incident. He pleaded guilty andwas convicted of both charges. On the housebreaking charge, he was sentenced to 184