Mpho Sefhemo murdered Bame Aron on December 18, 2014 at Moselane cattle post near Mahalapye. Justice Tshegofatso Mogomotsi sentenced Sefhemo to an imprisonment term of not more than 15 years after finding him guilty of the toddler's murder with extenuating circumstances. In her sentencing remarks, Justice Mogomotsi read out, that the prescribed "penalty for the offence of murder with extenuating circumstances is an imprisonment term of not less than 15 years". "In considering a befitting sentence, I shall advise my mind to the basic tenets of sentencing, to wit, the sentencing triad, the principle of proportionality and in particular that the sentence must befit both the crime and the offender... the age of the victim on whom it was committed," she said.
Mogomotsi emphasised that the sentence must reflect both the crime and the offender's circumstances, taking into account the young age of the victim. “The victim, who was but only a defenceless baby aged one year and four months... was neither a threat to the accused and hadn't done anything to him to deserve the magnitude of his wrath, which brought his short life to an abrupt end," she said. "Secondly, I note the brutality and senseless manner in which the accused killed the baby," she added. Sefhemo threw the child face down on the ground and, unmoved by the baby’s cries, followed him into the house to continue the assault by kicking him in the stomach. The impact sent the child rolling across the floor until he fell outside the house.
The judge highlighted that Sefhemo, who was in a position of trust as the child's stepfather, failed to protect the boy and instead became the source of danger. “He therefore breached his duty of trust. He failed to love, nurture, and serve as a haven for comfort and to protect the baby from harm. He, on the contrary, turned out to be the very harm the child needed to be protected against," Mogomotsi said. His actions demonstrated a complete disregard for the child’s life and welfare. Even after the savage attack, Sefhemo took no immediate steps to seek medical help, only doing so after the child had died, the judge noted. “What the accused did is regrettably undoable. His actions shall forever be etched in his memories.
He has permanently deprived the mother and his then-live-in girlfriend the honour, pride, privilege and the opportunity of raising and seeing her child grow. She sacrificed the safety and security of the life of her baby at the altar of her romantic affection for the accused,” she said. On the balance and the other hand Justice Mogomotsi acknowledged the accused pleaded guilty to the charge and showed some remorse. Though not a first offender as he had a previous conviction dating years back, it was in any event for a minor and unrelated offence. “It was indicated that the accused was a habitual drinker and smoked marijuana, further that he occasionally suffered from mild depression for which he was treated.
It was never suggested however that, as at the time of the commission of the offence, he was acting under the influence of either alcohol or marijuana," Mogomotsi noted. She said that there was no evidence that these factors influenced his actions at the time of the crime. "He was therefore at the time of the commission of the offence fully conscious of his actions and their attendant consequences. I shall further consider that the offence in question was committed almost a decade ago," she said. "The extent of the anxiety he must have had to contend with for this whole period cannot be underestimated as he awaited his fate. I shall also consider the period he has spent in custody whilst awaiting the outcome of these proceedings,” added Mogomotsi.
The judge ultimately sentenced Sefhemo to 15 years in prison, considering the long period he had already spent in custody. "The accused is advised of his right to appeal against his conviction and/or sentence within six weeks from today,” Justice Mogomotsi ruled.
