JOBURG – In handing down the sentence, Magistrate Nonceba Jadezweni said the court took into consideration that alcohol played a role during the commission of the offence.
A 20-year-old man was given a suspended sentence by the Johannesburg Magistrates' Court.
A 20-year-old man was given a suspended sentence after being found guilty of statutory rape by the Johannesburg Magistrates’ Court.
Handing down the sentence Magistrate Nonceba Jadezweni said the court took into consideration that alcohol played a role during the commission of the crime.
The man who is a university student is understood to have engaged in a sexual act with a 13-year-old girl at a park in the Joburg CBD.
The two were apparently returning together from a mutual friend’s party. They had both consumed alcohol and the man told the court that the girl consented to the intercourse.
In her judgment, Jadezweni noted this claim by the accused and she told the 20-year-old that having sex with a minor is a criminal offence.
The magistrate commended the man for not wasting the court’s time.
“You pleaded guilty from the onset. That alone is a mitigating factor, it shows remorse.”
Jadezweni, however, pointed out that the prevalence of the crime in the court’s jurisdiction was high, adding that the commission of sexual offences was also highly prevalent in the country and said the courts need to impose sentences that will deter others.
The man was sentenced to four years’ imprisonment which is wholly suspended for five years. The man was also declared unfit to possess a firearm.
The court ordered that his name is to be added to the Sexual Offenders Register.
The man was also ordered to complete a 10-week programme administered by the National Institute for Crime Prevention and the Reintegration of Offenders (Nicro).
Nicro operates on four main service streams, namely crime prevention, diversion, offender reintegration and non-custodial sentencing.
on the contrary there was also another case which went as follows :
JOBURG – The Johannesburg Magistrates’ Court sentenced a 49-year-old male to life imprisonment for raping a mentally challenged woman.
A 49-year-old man was sentenced to life imprisonment for raping a mentally ill woman. Photo: File
The Johannesburg Magistrates’ Court found Thomas Mphela, a 49-year-old male, guilty of rape.
He was accused of raping a 25-year-old mentally ill female in 2016.
According to Johannesburg Central Police Station’s spokesperson Captain Xoli Mbele, on the day the offence occurred, the convicted rapist visited the home of the victim in Westbury.
Mphela, the victim and the victim’s caregiver were seated together, watching TV.
“The caregiver went to fetch washing on the line and when she returned, she found the accused on top of the victim. She screamed and he jumped off the victim and left the house,” Mbele said.
A case was opened and Mphela was arrested two days later. He was denied bail and has been in custody until his conviction and sentence.
He was sentenced to life imprisonment and the court also declared him unfit to possess a firearm.
Mbele said the good conviction is the result of diligent work done by the investigating officer, Sergeant Petronella Mathevula.
He added that Johannesburg Central police will continue to do their best through their investigation to ensure that those who commit acts of crime against women and children are put away for a long time.
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