Convicted rapist succeeds in appeal against life sentence
CONVICTED rapist Luvo Phaliso has successfully appealed his life imprisonment sentence to a reduced 25 years, with the Western Cape High Court finding he is capable of being rehabilitated back into society.
According to the judgment handed down on Wednesday, the court noted that he was 21 years old at the time he committed the offence; he is a father of two minors and a first offender who, despite not showing remorse, eventually admitted to raping the complainant.
He had spent almost three years in prison at the time of his sentencing in November last year.
“It is trite that it is appropriate to bring the period of imprisonment spent awaiting trial into account in imposing a custodial sentence.
“The appellant (Phaliso), given his relative youthfulness, is capable of being rehabilitated back into society,” the court found.
Phaliso was convicted as charged in the Strand Regional Court on one count each of rape and kidnapping on September 7 last year and was subsequently sentenced to life imprisonment.
Phaliso then pursued the appeal against his sentence.
In setting aside life imprisonment, the appeal court said: “The appellant is considered to be a first offender and was in custody for seven months before being sentenced.
“There was no gratuitous violence in addition to the rape.
“The aggravating factors that are taken into account are the age of the complainant, the fact that the appellant tried to entice her by offering her sweets and chips, and when that did not work, he grabbed and dragged her into the orchard whereupon he raped her.
“It must have been a terrifying experience, as is evident from her screams and the fact that the complainant distrusted the appellant even before he raped her.
“The appellant violated a young, innocent girl and invaded her person without regard to her privacy, dignity and bodily integrity.
“However, it should be remembered that custodial sentences are not merely numbers. And familiarity with the sentence of life imprisonment must never blunt one to the fact that its consequences are profound.
“I am of the view that a severe sentence is appropriate, taking into consideration all of the circumstances of the offence.
“But the youthfulness of the appellant as a first offender, the time he has spent in custody prior to being sentenced and the possibility of rehabilitation are of paramount importance in assessing the proportionality of the sentence to the offence.”
The court found that life imprisonment would be disproportionately harsh.
Phaliso committed the crime on April 30, 2017, when he grabbed and pulled the victim who was at a tuck shop in Lwandela and then dragged her away from the street towards a passage, slapping her three or four times in her face before stabbing her when she refused to undress.
“The struggle continued and the appellant then drew a firearm and placed it on the complainant’s forehead.
“He, thereafter, hit her on the forehead with the firearm and proceeded to undress her, took off her underwear and told her to bend forward, and he raped her, without a condom,” read the papers.
She subsequently managed to run to safety after spotting her friend in a house, to which she ran and asked them to call the police.