[5]
The accused admitted the facts that were outlined by the
prosecution and in mitigation of sentence he expressed remorse and
sought the Court’s leniency on the ground that he is the sole bread
winner for all his kids.
[6]
The trial Court sentenced him to imprisonment for ten (10) years
without the option of a fine, the minimum prescribed in the Sexual
Offences Act.1 In handing down the sentence, the Court a quo did not
state which factors it took into consideration in terms of what appears on
the record of proceedings in that having recorded the plea in mitigation
it simply ordered as follows:Sentence : 10 years, no fine.
[7]
It is against this background that this Court feels duty bound to
evaluate whether the sentence that was handed down is just given the
particular facts of this case. In doing so, I am largely guided by the
principles that were espoused in the by the Supreme Court of Appeal in
the South African case of S v Vilakazi
2
which have been consistently
applied in our jurisdiction.
[8]
In that case, although the Court was dealing with the issue of the
severity of the sentence that was imposed, the same principles apply
mutatis mutandis where the sentence imposed is found to be too lenient
1
2
Act No. 3 of 2003
2009 (1) SACR 552 (SCA)