THE Pietermaritzburg High Court has upheld a life sentence for a man convicted of raping his five-year-old cousin on Christmas Day 2019, dismissing his appeal for a lesser sentence based on his guilty plea and apology.
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THE Pietermaritzburg High Court has upheld a life sentence for a man convicted of raping his five-year-old cousin on Christmas Day 2019, dismissing his appeal for a lesser sentence based on his guilty plea and apology.
Despite his argument that his apology and guilty plea warranted a lesser sentence, the court upheld the initial ruling.
Challenging the life sentence imposed by the Scottburgh Regional Court, the man argued that the punishment was harsh.
He maintained that his decision to plead guilty was a significant mitigating factor, as it protected the young victim from the ordeal of testifying and recounting the assault in court.
Additionally, the appellant pointed to his apology to the child’s father and the lack of physical injuries as further reasons for a more lenient sentence; he said the Regional Court failed to consider these mitigating factors.
The High Court observed, however, that while the man ultimately pleaded guilty to a single count of vaginal penetration during the trial; however, he had initially pleaded not guilty.
According to his plea statement, the young victim had visited her paternal relatives for the holiday period at the time of the incident.
According to his plea, the man was in the company of his cousin, the victim's father, along with his parents and various guests. After consuming alcohol, he retreated to his backroom, accompanied by two relatives, including the child’s father.
The man stated that following a period of sleep, the adults woke him before departing, leaving him alone with the young child, and that is when he raped her.
Represented by Legal Aid counsel T Pillay, the appellant further contended that the Regional Court should have treated him as a first-time offender, despite his previous convictions, which include attempted murder, malicious damage to property, and possession of dagga.
Nevertheless, Judge Namhla Thina Siwendu and Judge Mbuzeni Mathenjwa determined that the trial court had not misdirected itself in its findings.
In their ruling, the judges stated: “We can find no misdirection by the trial court or that the sentence is shockingly inappropriate. It is a sentence that this court would have imposed given the gravity of the offence.”
The court highlighted that because the victim was younger than 16, life imprisonment is the legally mandated sentence. This applies unless the defence can demonstrate substantial and compelling circumstances that would justify a departure from the prescribed punishment.
Furthermore, the High Court concluded there was no evidence suggesting the man was a suitable candidate for rehabilitation. The judges remarked that his reliance on an apology and a guilty plea felt hollow and appeared self-serving.
Judge Siwendu noted that these claims contradicted the other arguments presented on his behalf, highlighting that he did not explain his sudden decision to plead guilty.
“He did not lead evidence during the trial but elected to address the trial court on mitigating factors,” the judge observed.
Additionally, she mentioned that while the child’s father accepted the apology, he emphasised that the harm was irreversible. The court also reflected on the ongoing trauma of the victim, who continues to suffer from nightmares, nocturnal crying, and a deep-seated fear of men.
“According to the evidence placed before the trial court, the victim lives with psychological aftereffects of the rape, which include abdominal pain and constant urination, a bladder medical consequence that requires medical attention.”
The ruling also addressed the severe breach of trust within the family. It noted testimony from the parents showing their relationship collapsed after the assault; they no longer reside together, though the father stays in contact. The mother also testified that her children have stopped visiting their paternal relatives entirely.