18
by his parents (both of whom appear to be low-functioning individuals),
his community and society generally: one that is not entirely uncommon
in this country.
[26] On the other hand, the offence itself is particularly heinous. The
deceased, a defenceless elderly lady, was murdered in the sanctity of
her home by the appellant who entered under some false pretext in
order to perpetrate a robbery. The trial court, as also the court a quo,
held that the appellant’s motive in killing the deceased was to avoid
detection, as he was known to her. In that conclusion neither can be
faulted. These are all strongly aggravating factors. To his credit, in
pleading guilty the appellant expressed contrition and remorse. Against
the enormity of the crime and the public interest in an appropriately
severe punishment, must be weighed the personal circumstances of the
appellant that are strongly mitigating.
Given the appellant’s relative
youthfulness rehabilitation remains a real prospect even after a fairly
long period of imprisonment. In my view, taking all this into account, and
not losing from sight that the legislature has ordained that the ordinarily
appropriate sentence for murder is life imprisonment, a term of 18 years’
imprisonment is appropriate.
[27] In the result the appeal against sentence succeeds to the extent
that:
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