Conviction for rape renders liability for punishment under Section 51 (2) of the Minimum Sentences Act 

Supreme Court of Appeal of South Africa: This appeal was filed before a 5-Judge Bench comprising of Tshiqi, Swain and Dambuza, JJA., Mokgohloa and Mothle, AJJA.,  against a sentence of 5-year imprisonment for commission of offence of rape.

Respondent was indicted on three counts i.e. of housebreaking with intend to rob, rape read with Section 51(1), and robbery. He was convicted of theft and rape in terms of Section 51 (2) of the Minimum Sentences Act. Respondent submitted his personal circumstances that he was 19 years old studying in school Grade 10 and first offender of rape. It was submitted that he was under influence of liquor at the time of commission of crime. Trial Court on the basis of the above circumstances found personal circumstances of the respondent amounting to substantial and compelling circumstances and sentenced him 5 years imprisonment. Petitioner contended that respondent’s conviction of rape rendered him liable for punishment under Section 51(2) of the Minimum Sentences Act which prescribes a minimum sentence of 10 years’ imprisonment.

Therefore, appeal against sentence was upheld, sentence was set aside and replaced with a minimum sentence of 10 years’ imprisonment. [Director of Public Prosecutions Limpopo v. Koketso Motloutsi, Case No. 527 of 2018, dated 04-12-2018]

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