Rapists win appeal against robbery, housebreaking sentences

THE Western Cape has granted two rapists an appeal against their sentences for robbery with aggravating circumstances and had their sentences for these crimes discounted.

They will, however, remain behind bars as they continue serving life sentences for the rapes of their victim. 

The two were co-accused in a trial matter before the Wynberg Regional Court where they faced charges of robbery with aggravated circumstances, compelling or causing children to witness sexual offences, housebreaking, and rape.

During court proceedings and before trial, they pleaded not guilty to all the charges and offered no plea explanations.

The two men were arrested in 2021 after they  broke into the homes of two women in the Marikana informal settlement, in Philippi East.

The  woman was inside her  shack with her children when the men looted their house and then sexually assaulted the mother. The children were there to witness the horrible act.

She was also threatened with death if she reported the rapes and instructed her to wash in a bath before they left her shack. 

“She had never spoken to the appellants prior to the incidents and explained that she had heard them being called Vovo and Blacks by community members. Vovo (first appellant) lived opposite her and Blacks (second appellant) lived further up the road. It was put to her that the appellants deny ever being on the scene at her shack, deny the rapes, and had no knowledge of the two incidents. 

“In the appellants’ written submissions, for the first time, they raise the issue of duplication of charges. The submission is that the (duplicated) counts arise out of the same incidents. Concerning the appeal against sentence, the appellants’ grounds of appeal are that the interests of the community and seriousness of the offences were over-emphasised at the expense of their personal circumstances, and that the element of mercy was not considered during sentencing. The further ground is that life imprisonment would hinder rehabilitation and that the sentences imposed are strikingly inappropriate and induce a sense of shock,” the judgment read.  

Judge Mas-Udah Pangarker said: “In conclusion, in view of the interference in the findings on conviction on counts 1 (robbery with aggravated circumstances) and 6 (housebreaking with intent to commit a crime unknown to the State), it is important to note that the minimum sentences imposed in respect of both these sentences would not apply.”

The sentences of 15 years for both on count 1, which Judge Pangarker found to be theft, were replaced with six years.

The sentence of 15 years for the second appellant, which Judge Pangarker found to be housebreaking with intent to rob and robbery, was substituted with 10 years’ direct imprisonment. 

The sentences were backdated to June 27, 2024.

Cape Times