3
The charges
[7]
Before dealing with the merits of the appeal against sentence the procedure
adopted in this case at the plea stage of the trial must be considered. As stated above,
only one charge, that of possession of child pornography, was put to the appellant. No
other charge and, in particular, no charge of distributing child pornography appears in
the record.
[8]
In his plea statement, the appellant set out the facts on which his plea of guilty to
distribution was based. The appellant admitted the stated facts. They were that the
appellant had distributed 65 contents of child pornography on a social media account
on Instagram during 2016, six (6) months before his arrest in this case.
[9]
The charge sheet in the record, form J15, states that the appellant was arrested
on 24 August 2017, and refers to Annexure A thereto for the charge against the
appellant. Annexure A alleges that the appellant was guilty of contravening section
24B(1)(a) of the Act, in that he possessed 4489 contents of child pornography, as
tabulated, on 24 August 2017 at Elandspark. This was the charge put to him at his trial.
[10] The other references in the charge sheet to the charge against the appellant are:
[11] At the appellant’s first appearance in court on 25 August 2017, the prosecutor told
the court that the charge was possession and distribution of child pornography.
[12] At the postponement on 8 May 2018, the appellant’s attorney told the court that
the appellant did not dispute possession of the material.
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