High Court of South Africa, Eastern Cape Division: In a judgment delivered by Brooks, J. of the High Court of South Africa, while dismissing the appeal, held against a rape convict that the prescribed sentence of life imprisonment is not disproportionate to the crime, the criminal and needs of the society.

The complainant was a 16 year old boy who was raped by the appellant more than once. For the said crime, appellant was charged with rape in contravention of Section 3 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. Appellant continued doing so without the complainant’s consent and will. Appellant was therefore, convicted and sentenced to life imprisonment, for which appellant preferred this appeal.

Court on analysing the evidence placed before it, convicted the appellant. Court noted the report of a social worker in which it was stated that the child after that incident had been suffering from flashbacks and nightmares along with lack of concentration in school which all has lead to an adverse impact on the mental health of the child along with physical health. Therefore, it was held that unless weighty justification exists prescribed sentence must not be departed for flimsy reasons.

Therefore, the Hon’ble High Court, by recording the significant point of appellant showing no remorse and the fact that the complainant suffered significant injuries causing pain and trauma, established that the trial Judge was correct in concluding that “there is nothing in the personal circumstances of the appellant that qualifies as a substantial and compelling circumstance.” The appeal was thereby dismissed upholding the sentence imposed by the trial judge. [Sikhumbuzo Xhaka v. State; Case No. CA144/2017; decided on 08.05.2018]

[Picture credit: Facebook/Deon Furstenburg]

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