2 [1] This is an appeal against sentence only. [2] The appellant was arrested for the possession and distribution of child pornography in contravention of the Films and Publications Act no 65 of 1996 (‘the Act’). The section of the Act criminalising possession of child pornography was section 24B(1)(a), and the section criminalising distribution of child pornography was section 24B(1)(d). [3] The appellant appeared before the Regional Magistrate sitting in Johannesburg and a charge of possessing 4489 contents of child pornography in contravention of the said section 24B(1)(a) was put to him. The appellant pleaded guilty to this charge and submitted a plea statement (‘statement’), in terms of section 112(2) of the Criminal Procedure Act no 51 of 1977 (‘the CPA’), to the court. In this statement, as amended, the appellant admitted all the elements of not only possessing child pornography, as charged, but all the elements of distributing child pornography in contravention of the said section 24B(1)(d). The appellant stated that he was pleading guilty to distribution of child pornography; however, no charge of distribution was ever put to him. [4] The prosecutor accepted the plea and the plea statement. [5] The Magistrate convicted the appellant of possession of 4489 contents of child pornography in contravention of section 24B(1)(a) and of distribution of four (4) contents of child pornography in contravention of section 24B(1)(d). [6] On 28 March 2019 the appellant was sentenced to ten (10) years’ imprisonment for the possession and to five (5) years’ imprisonment for the distribution. The Magistrate ordered that the two (2) sentences run concurrently so that the effective sentence was ten 10 years’ imprisonment.

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