Judge dismisses rapist’s appeal against 27-year sentence

There were 21 exhibits received during the course of the trial, which began in 2011 but was riddled with various delays, mainly on the part of the defence. The evidence was concluded in 2018.

Judge Mas-Udah Pangarker said: “In my view, the first ground of appeal that the cumulative sentence of 27 years’ imprisonment is contrary to what life imprisonment would mean for a person to be released on parole, must fail. “There is absolutely no indication on record that the magistrate ever considered the question of parole in respect of the sentences she intended imposing, even recognising that the rape conviction attracts life imprisonment.

“I agree with the State’s counsel that if the appellant is not released on parole after 25 years, he would be released at the expiry of the 27-year sentence period, but I must also add that he may well be placed on parole after serving four fifths of the 27 years, which would be less than 25 years,” said Judge Pangarker.

She said that the decision as to whether or not Zinjanje achieves parole lies within the discretion and authority of Correctional Services and not the sentencing court and therefore the appeal had failed and the original sentence was confirmed.

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