S v Hess (SS100/1999) [1999] ZAWCHC 7 (17 November 1999)

S v Hess (SS100/1999) [1999] ZAWCHC 7 (17 November 1999)

The court found that the accused's youth was only relative and did not carry significant weight, given his history of criminal conduct from the age of twelve. The alleged intoxication was not credibly established, as the accused failed to provide concrete evidence of the extent of his alcohol consumption. The crimes were committed with extreme brutality and disregard for the victim, and the accused showed no genuine remorse, even participating in the search for the victim and testifying against an innocent person. The public interest and the gravity of the offences necessitate the imposition of the heaviest sentences. Accordingly, the only appropriate punishment for both rape and murder...

Citation
[1999] ZAWCHC 7
Parties
Applicant: The State; Respondent: Gerald Hess
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
17 November 1999
Case Number
SS100/1999
Procedural Posture
Criminal Trial / Sentencing
Outcome
The accused was sentenced to life imprisonment for both rape and murder, with the sentences to run concurrently.
Judges
Van Zyl
Legal Topics
Rape, Murder, Sentencing Principles, Mitigating Factors, Aggravating Factors
Criminal Law Rape Murder Sentencing Principles Mitigating Factors Aggravating Factors

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

The State

Applicant

Gerald Hess

Respondent

Procedural Posture

Criminal Trial / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for the accused convicted of rape and murder of an 8-year-old child?
  2. 2 Should the accused's youth and alleged intoxication be considered as mitigating factors?
  3. 3 Do the aggravating circumstances outweigh any mitigation in this case?

Ratio Decidendi

The court found that the accused's youth was only relative and did not carry significant weight, given his history of criminal conduct from the age of twelve. The alleged intoxication was not credibly established, as the accused failed to provide concrete evidence of the extent of his alcohol consumption. The crimes were committed with extreme brutality and disregard for the victim, and the accused showed no genuine remorse, even participating in the search for the victim and testifying against an innocent person. The public interest and the gravity of the offences necessitate the imposition of the heaviest sentences. Accordingly, the only appropriate punishment for both rape and murder...

Court Disposition

The accused was sentenced to life imprisonment for both rape and murder, with the sentences to run concurrently.

Orders

  • On count 1, rape of Monique May, the accused is sentenced to life imprisonment.
  • On count 2, murder of Monique May, the accused is sentenced to life imprisonment.