S v Wynkwardt (Sentence) (CC51/2021) [2023] ZAECMKHC 22 (10 March 2023)

S v Wynkwardt (Sentence) (CC51/2021) [2023] ZAECMKHC 22 (10 March 2023)

The court found that the accused committed two separate acts of rape against a particularly vulnerable victim, who was blind and elderly, and that the crimes were aggravated by the physical violence inflicted and the psychological harm caused to both the victim and her child. The accused's claimed remorse was not accepted as genuine, as it appeared to be motivated by self-interest in the face of overwhelming evidence, rather than true contrition. His personal circumstances, including his status as a first offender and his family situation, were not substantial or compelling enough to justify deviation from the prescribed minimum sentences. The interests of society, the seriousness of the...

Citation
[2023] ZAECMKHC 22
Parties
Applicant: The State; Respondent: Alberto Wynkwardt
Court
Eastern Cape High Court, Makhanda
Jurisdiction
South Africa
Judgment Date
10 March 2023
Case Number
CC51/2021
Procedural Posture
Criminal Law / Sentencing
Outcome
The accused was convicted on all charges and sentenced to life imprisonment for each count of rape, and five years imprisonment for housebreaking with intent to commit rape. The sentences for housebreaking and the second rape count are to run concurrently with the sentence for the first rape count. The accused is...
Judges
M.S. Jolwana
Legal Topics
Rape, Minimum Sentences Act, Sentencing Principles, Aggravating Factors, Mitigating Factors, Remorse Assessment
Criminal Law Rape Minimum Sentences Act Sentencing Principles Aggravating Factors Mitigating Factors Remorse Assessment

Case Brief

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Parties

The State

Applicant

Alberto Wynkwardt

Respondent

Procedural Posture

Criminal Law / Sentencing

Legal Issues

  1. 1 Whether substantial and compelling circumstances exist to justify deviation from the prescribed minimum sentences for rape under the Minimum Sentences Act.
  2. 2 Whether the accused's plea of guilty and claimed remorse constitute genuine mitigating factors.
  3. 3 What is the appropriate sentence for the accused given the nature of the crimes, the personal circumstances, and the interests of society.

Ratio Decidendi

The court found that the accused committed two separate acts of rape against a particularly vulnerable victim, who was blind and elderly, and that the crimes were aggravated by the physical violence inflicted and the psychological harm caused to both the victim and her child. The accused's claimed remorse was not accepted as genuine, as it appeared to be motivated by self-interest in the face of overwhelming evidence, rather than true contrition. His personal circumstances, including his status as a first offender and his family situation, were not substantial or compelling enough to justify deviation from the prescribed minimum sentences. The interests of society, the seriousness of the...

Court Disposition

The accused was convicted on all charges and sentenced to life imprisonment for each count of rape, and five years imprisonment for housebreaking with intent to commit rape. The sentences for housebreaking and the second rape count are to run concurrently with the sentence for the first rape count. The accused is...

Orders

  • In respect of count 2, housebreaking with intent to commit rape, the accused is sentenced to 5 years imprisonment.
  • In respect of count 1, rape, the accused is sentenced to life imprisonment.