- The Western Cape High Court dismissed Clinton Calder’s appeal, upholding his eight-year prison sentence for distributing and creating child pornography.
- Calder’s arguments for a non-custodial sentence due to his medical condition were rejected, with the court finding no misdirection in the original sentencing.
- The court’s decision reinforces the severity of online sexual exploitation crimes and ensures Calder’s name is entered into the National Register of Sex Offenders.
A convicted child sex offender from Fish Hoek lost his court appeal to have an eight-year prison sentence overturned.
On Monday 29 July, the Western Cape High Court dismissed the appeal and upheld an eight-year direct prison sentence of Clinton Calder, ordering his name be entered into the National Register of Sex Offenders and declaring him unfit to possess a firearm.
Calder was initially arrested in August 2015 after a Belgian chief inspector, who was assigned to investigate online and offline activities of trading in child abuse images and the luring of children, noticed internet traffic of child pornography coming via South Africa.
Investigations led to Calder’s location, a search and seizure of his laptop which contained child pornography and his subsequent arrest.
Over 3 000 counts
At the time, it was discovered that during the period from 23 September 2014 to 7 June 2015, Calder had been operating under a pseudonym on the Gigatribe platform.
He was later found guilty of over 3 000 counts of distributing child pornography, importation of child pornography and creation of child pornography and sentenced in the Wynberg Regional Court on Thursday 15 July 2021.
appeal finding
Western Cape National Prosecuting Authority (NPA) spokesperson Eric Ntabazalila explained that during his appeal Calder argued for a non-custodial sentence due to his clean criminal record, among other reasons.
“During arguments on 26 April, the 55-year-old described his conduct as a moment of madness, he had been doing crazy things, sought psychological treatment and was suffering from depression,” said Ntabazalila.
“He further argued for a non-custodial sentence due to his clean criminal record, and personal circumstances of needing private medical and psychological treatment for his medical condition and sexual affliction.”
Calder further submitted that specialised facilities were not available in prison, arguing that his pulmonary conditions would be best treated outside prison due to excessive smoking habits of other prisoners.
“An experienced nurse working at the hospital section of Pollsmoor Prison testified that other prisoners with similar medical conditions at the prison were successfully treated whilst incarcerated,” said Ntabazalila.
“It was further submitted that Calder had the propensity to commit the offences, and his prospects for rehabilitation were slim, it was evident that he had no genuine remorse.”
No misdirection
The appeal court held that if the appellant or another prisoner’s rights have been breached by the prison authorities, permitting smoking by others or by the authorities failing to offer appropriate medical treatment, then the appellant can administratively enforce his constitutional rights as a prisoner to be properly treated.
“These considerations, however, did not point to a misdirection on the part of the regional magistrate in imposing direct imprisonment as a sentence,” said Ntabazalila.
“The appellant had not shown that he had a life-threatening condition that could not be adequately treated in Pollsmoor Prison or other correctional facilities.”
The appeal judges found that the regional magistrate did not fail to have regard for Calder’s medical conditions and concluded that incarceration was the only appropriate sentence.
“They dismissed the appeal and confirmed sentence imposed by the regional court.”
Western Cape Director of Public Prosecutions, Advocate Nicolete Bell, commended the court’s decision. “All cases of online sexual exploitation encroach on the rights to human dignity and privacy of the victims as enshrined in our Constitution hence the NPA aggressively prosecutes them,” she said. “This judgement provides some justice and removes online child sexual offenders from accessing their devices and the internet, thereby creating a safer community for our young ones.”
