The apellant pleaded guilty to unlawful sexual intercourse with a girl under the age of 16 years.
This 2011 South African Supreme Court of Appeal case recognises that if restorative justice is not appropriately balanced by other considerations it may lose its credibility as a sentencing option. The Supreme Court of Appeal held that, while restorative justice is a ‘viable sentencing option’, on these facts restorative justice was inappropriate.
Bosielo JA said in Thabethe (para. 20)