A full bench of the Western Cape High Court
set aside the sentence on December 21, 2011 and
ordered that the 74-year-old retired accountant and school teacher, instead be
sentenced to correctional supervision involving a short period of imprisonment.
It ruled that he then be released into
house arrest.
Judges Daniel Dlodlo and Vincent Saldanha
referred the case back to the Paarl Regional Court, for magistrate Norma Smile
to decide the period of imprisonment, and the duration of Appleton's house
arrest.
Appleton was found guilty of performing oral sex on the boy in 2008. He was
convicted in November for rape under the new Children's Act.
At his trial, it emerged that Appleton had
developed a long-standing close friendship with the boy's parents, who gave him
unlimited access to the child.
The judges said the magistrate had
considered correctional supervision inappropriate, due to the seriousness of
the offence.
They said Appleton was
currently receiving rehabilitative therapy for paedophilia, and had undertaken
to continue with the treatment at his own expense.
This would ensure Appleton was
properly managed, monitored and rehabilitated, to enable him to assume
accountability and responsibility for his condition, the judges said.
They said State advocate Mornay Julius, in
opposing the appeal, had referred to the scourge of sexual abuse of children,
and the impunity with which it happened "almost on a daily basis".
The judges said correctional supervision
should not be regarded as a "light sentence", as it served the
specific purpose of rehabilitation.
If the offender failed to strictly comply
with the restrictive conditions applicable to correctional supervision, the
offender would be brought back to court to be sentenced afresh.