Teen jailed for rape and murder of girl (6)
27 Oct 2008
Ingrid Oellermann
A 14-year-old boy from Cebe, at Umzimkulu, has been sentenced to an effective seven years? imprisonment in the juvenile section of Westville Prison for the rape and murder of a six-year-old girl on August 22 this year.
Judge Achmat Jappie, sitting with an assessor, sentenced the boy to a further five years? imprisonment, conditionally suspended for five years.
?It is my hope that in time you will come to appreciate the seriousness of what you did. I hope that you make better choices in future that can only be to your advantage and to [the advantage] of society,? the judge told the youth, whose name may not be published because he is a juvenile.
The youngster sat unmoving in the dock and showed no emotion when sentence was passed.
His father was present to assist him in court.
In a statement, the boy admitted that he raped and then killed Londiwe Tshazi (6) by smothering her. He said he was alone with the girl in a room at his mother?s homestead. ?I decided to engage in sexual intercourse with the deceased,? he said.
He said he forced her to lie on the floor, removed her pants and raped her. He was then ?overcome by grief and fear? as he realised the girl would report his actions to her family.
?I decided to murder her,? he said ?I forced her pants into her mouth and held her nose with my hand, thus preventing her from breathing. The deceased died as a result,? he said.
Judge Jappie said he was ?guided? when imposing sentence by the submissions of state advocate Sandesh Sankar and legal aid defence attorney Divesh Mootheram.
He said in terms of the Constitution, a court should only jail a juvenile as a ?measure of last resort?.
He said due to the seriousness of the offence, this was such a case calling for imprisonment.
He was advised there are facilities in Westville Prison that cater for someone in the boy?s position. ?These facilities will be available to you until you turn 21 years old,? he told the youth.
Both Mootheram and Sankar submitted in argument that it was not desirable for the boy to be imprisoned with adult males, and that he should be released back into society on reaching 21.
The facility offers education and programmes aimed at rehabilitating offenders.
Judge Jappie said that while the prosecution argued that the crime was motivated by ?lust?, his view was that the motive was more ?experimentation?.
That it had tragic results, however, all could see.
Judge Jappie said had the youth been an adult he would in all likelihood have been sentenced to life imprisonment. He sentenced the boy to seven years imprisonment for rape and 12 years (of which five years was conditionally suspended) for the murder, but ordered that the sentences should run concurrently.
ingrido@witness.co.za
Comments: [Post a Comment]
Posted by anonymous on 28 Oct 2008
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I am calling for a Death Sentence
I believe in that one person can make a change, In this time in life I am afraid of another being. I am afraid to leave my child at home. I am never free fully because of Ubulwane we have encounter as a nation. My view is that if one does emotional and physical damage to another, one be killed. it is just as simple as that. Why we want to give a right to life to a killer. what about the person being robbed his/her right to life. The consistution should be amended and be re implemented with serious people's perspective not what is thought is right for the people. Safa ubugebengu, safa.
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Posted by S.L. on 28 Oct 2008
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If this is what he does at 14 years old....just IMAGINE what he'll do at 34!
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Posted by Anonymous on 28 Oct 2008
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This criminal should have been tried as an adult, because rape and murder are the most serious crimes, and this few years in jail not an appropriate sentence for such crimes. This guy is probably going to rape and murder again, and even if he doesn't, his victim is DEAD, lost to her family FOREVER.
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Posted by g on 28 Oct 2008
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execute the pig
he will grow up to be of great value to our society - blame poverty if you like - I know lots of poor people that dont behave like this- why spend money keeping him in jail to ruin someone elses life in 10 years time - SHOOT THE SCUM
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