S v Luruli and Another

• Jurisdiction: South Africa
• Citation: 2014 (1) SACR 511 (GJ)

S v Luruli and Another
2014 (1) SACR 511 (GJ)

2014 (1) SACR p511

Citation	2014 (1) SACR 511 (GJ)
Case No	ss 63/11
Court	South Gauteng High Court, Johannesburg
Judge	Weiner J
Heard	July 20, 2012
Judgment	July 20, 2012
Counsel	Advocate Lebea for the accused, instructed by Legal Aid, South Africa.; Advocate Futshane for the state.

Flynote : Sleutelwoorde

Rape — Sentence — Life imprisonment — Minimum sentence in terms of B Criminal Law Amendment Act 105 of 1997 — Accused having abducted two female paramedics in ambulance, whilst assisting burnt child, raped them at gunpoint and forced a passer-by to sexually assault them — Accused sentenced to eight terms of life imprisonment, plus an additional 35 years' imprisonment. C

Headnote : Kopnota

The two accused were convicted by the court of eight counts of rape; one count of robbery with aggravating circumstances; four counts of compelled sexual assault and one count of being in possession of an unlicensed firearm. In argument before the imposition of sentence, it was contended for the D accused that substantial and compelling circumstances existed which justified a lesser sentence than the mandatory minimum sentence of 15 years' imprisonment in respect of the counts of rape, in that none of the complainants suffered physical injuries. The circumstances in which the offences were committed were that the complainants were paramedics who went to the assistance of a young girl who had been burnt in a fire. The accused set upon them and at gunpoint raped two female paramedics and E compelled a passer-by to commit sexual assaults on them.

Held, that the offences crossed the boundary of humanity and the psychological trauma and loss of dignity which the various complainants suffered, left deep wounds and were aggravating circumstances. It was a further aggravating circumstance that a firearm had been used and placed against the F heads of the two female victims who, together with the passer-by, were beaten and assaulted throughout their ordeal. Furthermore, the accused had no regard for the innocent child who had been burnt and sought help from the paramedics whom they had violently abducted from their ambulance. The accused had shown no remorse and had denied their involvement, despite the wealth of evidence against them. (Paragraphs [12] – [16] at 513i – 514d.) G

Held, further, that, in the circumstances, an appropriate sentence would be one of life imprisonment on each of the counts of rape; 15 years' imprisonment in respect of the robbery; 15 years' imprisonment in respect of the count of unlawful possession of a firearm; and 10 years' imprisonment in respect of each of the counts of compelled sexual assault. In the result each of the accused was sentenced to eight terms of life imprisonment, plus 35 years' H imprisonment. (Paragraph [29] at 516h – 517c.)

Annotations:

Cases cited

Case law

Director of Public Prosecutions, Western Cape v Prins and Others I 2012 (2) SACR 183 (SCA): applied

S v Mako 2005 (2) SACR 223 (E): dicta in para [12] applied.

Legislation cited

Statutes

The Criminal Law Amendment Act 105 of 1997: see Juta's Statutes of South Africa 2012/13 vol 1 at 2-538. J

2014 (1) SACR p512

Case Information

A Advocate Lebea for the accused, instructed by Legal Aid, South Africa.

Advocate Futshane for the state.

Criminal trial on multiple charges of rape and other offences.

Order

B The accused are sentenced as follows:

(a)

In respect of count 1, robbery with aggravating circumstances, the accused are sentenced to 15 years' imprisonment.

(b)

In respect of count 2, unlawful possession of a firearm, the accused are sentenced to 15 years' imprisonment.

(c)

C In respect of counts 4 – 7 and 10 – 13 of rape, the accused are sentenced to a term of life imprisonment for each count.

(d)

In respect of counts 8 and 14 of compelled sexual assault, the accused are sentenced to 10 years' imprisonment for each count.

(e)

In respect of counts 9 and 15 of aiding, abetting and inducing others to commit sexual offences, the accused are sentenced to D 10 years' imprisonment for each count.

(f)

The sentences in respect of counts 1 and 2 of 15 years each, will run concurrently. The eight life sentences will run concurrently. The sentences on counts 8 and 14 of 10 years each, will run concurrently. The sentences on counts 9 and 15 will run concurrently. The E effect of this is that the sentences, other than on the rape charges, amount to 35 years, which will not run concurrently with the life imprisonment. Accordingly the accused are sentenced to eight life sentences, plus 35 years.

Judgment

Weiner J:

F [1] In this case, the accused have been found guilty of:

[1.1]

Eight counts of rape;

[1.2]

one count of robbery with aggravating circumstances as defined in s 1(1) of the Criminal Procedure Act 51 of 1977 read with s 51(2) of the Criminal Law Amendment Act 105 of 1997;

[1.3]

four counts of G compelled sexual assault and;

[1.4]

one count of being in possession of an unlicensed firearm.

[2] As Plasket J in S v Mako [1] held, various elements are considered in imposing sentence, namely the interests of the community, [2] the personal circumstances of the accused [3] and the nature of the offence. [4] These H considerations have become trite when courts are imposing sentence.

[3] The accused have been found guilty of serious and prevalent offences. I have taken into account the remarks of Plasket J in Mako supra in para...