Rapists get 10 years imprisonment

Koketso Kgoboge | Friday November 28, 2014 17:37

 

In delivering the sentence, the magistrate explained to the three accused, Reuben Keogotsitse (24), Omphile Dikole (23) and Collen Obopile (23), that they have failed to prove their innocence and that the crime attracts an imprisonment term of not less than 10 years.

She told the court that the three accused had been given a chance to provide the court with exceptional extenuating circumstances that could convince the court to sentence them to less than the minimum sentence, 10 years.

“The accused persons were given that privilege to convince the court to give them a lesser sentence by providing extenuating circumstances, but according to my view the reasons that were given to the court were not extenuating circumstances.

“That means that they failed to provide any of those circumstances.

So their failure means that the court cannot sentence them to anything less than 10 years,” said Motsamai.

The magistrate further told court that she had also considered the accused’s mitigation in which they pleaded with the court to be lenient with them when sentencing because they were young and were first offenders. 

She said she had also put into consideration the interest of society at large and seriousness of the case.

“I have also taken into consideration the humiliation that the complainant suffered because of rape. Further, I also considered the fact that these issues of rape are on the rise these days hence a great concern to the society. I also looked at the issue of HIV/AIDS, which is on the rise in the country.

“The court has also noted that in sentencing, it has to ensure that the punishment fits the offence, its severity and that it also favours the government, but at the same time there should be mercy.

“I took all this into account, therefore each accused is sentenced to 10 years imprisonment,” concluded the magistrate.

She ruled that the sentence would be backdated to November 10, 2014, the day that the trio was remanded in custody. She advised them to appeal to the high court within a period of 10 days if they were not satisfied with the conviction or sentence.

Prosecutor Johane Gabalaolwe from Directorate of Public Prosecutions appeared for the State.