A rapist - who admitted that he became aroused when two nine-year-old girls got on to his bed – will now serve a lesser prison term after his life sentence was discounted to 20 years’ direct imprisonment.
This comes after the Western Cape High Court upheld the appeal of self-confessed rapist Melvin Jacobs, 60.
Judge Derek Wille, in his judgment, said that the application from Jacobs was an “automatic appeal” after Jacobs was convicted on one count of rape and one count of attempted rape.
Appealing against his life sentence after pleading guilty and entering a plea bargain with the State, Jacobs submitted that the sentence imposed was harsh and inappropriate, that he was “sacrificed at the altar of retribution as opposed to that of rehabilitation” and that there were substantial and compelling circumstances present dictating a deviation from the minimum sentencing regime.
The magistrate in the lower court imposed the prescribed minimum sentence of life imprisonment.
“Significantly, no probation officer’s report was submitted to the judicial officer in connection with the alleged disabilities suffered by the appellant. This is regrettable ... It is indeed so that the complainants only sustained minor injuries.
“However, physical injuries are very different from emotional and psychological injuries. By contrast, what is of importance is that these crimes were perpetrated against two young women.
Crimes in general, but especially against women, offend against the aspirations and ethos of all South Africans.
“The victims, in this case, were soft targets for (Jacobs). The court of the first instance also emphasised that this type of crime was prevalent within its jurisdiction,” the judgment read.
After learning what Jacobs had done, one of the victims’ fathers assaulted Jacobs (an epileptic sufferer with limited mobility, using crutches to walk) and in the assault, Jacobs lost vision in his one eye.
Judge Wille further said in his judgment that “not only do crimes against women in this country amount to a severe invasion of the dignity of the victims, but these crimes do not contribute to our claims that we live in a gender-equitable and just society”.
Jacobs was 57 years old at the time the offences were committed and was arrested on December 19, 2019 – the same day the rape and attempted rape occurred.
Handing down the discounted sentence, the judge pointed out that according to the Correctional Services Act (CSA), the parole provisions that may become relevant in Jacobs’s case were that he, if he were to serve a life sentence, “may not be placed on parole until he or she has served at least 25 years of the sentence, but such a prisoner may, on reaching the age of 65 years, be placed on parole after he has served at least 15 years of the sentence”.
“This, therefore, could mean that the practical effect of imposing a life term upon the offender, in this case, would only benefit the public’s yearning for retribution, prevention, and deterrence for this type of crime.
“I say this also because the offender has exhibited remorse for his actions.
He showed remorse during the proceedings for his criminal behaviour.
“To focus on rehabilitation in this case, in my view, would not lead to an unfair and inappropriate sentence, which will be disproportionate to that deserved by the appellant for the crimes upon which he stands convicted,” said Judge Wille.
Cape Times