IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE HIGH COURT, CAPE TOWN)

In the matter between:

and

JUDGMENT

GOLIATH. J

The appellant was convicted on 29 April 2009 by the Regional Magistrate Worcester on one count of rape. He was sentenced to eight years imprisonment. He now appeals against the sentence only.

In terms of the provisions of Section 51(2) read with part 3 of Schedule 2 of the Criminal Law Amendment Act 105 of 1977, the Court is required to impose a minimum sentence of ten years in respect of this particular charge, unless substantial and compelling circumstances exists, which justify the imposition of a lesser sentence.

The appellant is a 23 year old first offender, he was employed at the time of the commission of the offence and earned approximately R300 per week. He was in custody awaiting trial for a period of six months. The magistrate in my view took into consideration all the relevant factors when imposing sentence, and properly assessed and balanced such factors in the light of the personal circumstances of the appellant, the interest and expectations of society, the interest of the victim and the nature and seriousness of the crime.

The complainant was on her way home from work when she was accosted and raped by the appellant in a bushy area. This is a very serious offence and women need to be protected from this type of vicious act. On a proper assessment of the sentence by the magistrate, I cannot say with any degree of conviction that the magistrate misdirected himself in any material respects or failed to exercise his discretion judicially, or imposed a sentence that no reasonable court would have imposed, or that the sentence was shockingly inappropriate. There is in my view no need to interfere with the sentence.

In the circumstances the following order is made: 

GOLIATH, J