Tik addict who killed niece spared life sentence
The Northern Cape High Court in Kimberley convicted DF under legislation covering crimes committed while voluntarily intoxicated and handed down the sentence.
DF, who was 34 at the time of the offence, had faced charges of murder, kidnapping, assault with intent to do grievous bodily harm, and housebreaking with intent to commit a crime.
He had already spent over two years in custody awaiting trial.
Due to his history of drug addiction, DF underwent a 30-day psychiatric evaluation.
The court heard that DF was mentally fit to stand trial. His heavy intoxication during the offences impaired his ability to understand that his actions were wrong.
The court convicted him under Section 1(1) of the Criminal Law Amendment Act. This addresses crimes committed in a state of voluntary intoxication.
Correctional Services officer Ms Klaaste testified that Kimberley Correctional Centre would better manage DF's chronic drug-induced psychotic mood disorder and epilepsy.
She said Kimberley Correctional Centre had full-time medical staff, unlike the closer Hopetown facility.
Judge Lawrence Lever considered DF's circumstances, including his Grade 11 education, low income, and responsibility for two children.
The judge also weighed the fact that the killing occurred during a drug-induced psychosis.
The baby's mother, who is also DF's sister, testified that she had forgiven her brother.
She admitted to her past addiction and said DF had once tried to help her recover.
'This tragedy would not have happened were it not for his addiction,' the judge remarked.
He described DF's behaviour as that of an 'automaton' during the offence.
Although the crimes were serious, the court found that the prescribed minimum sentences, including life imprisonment under Section 51 of the Criminal Law Amendment Act, did not apply.
Judge Lever ruled that the punishment must be proportionate to both the crime and the offender. Emphasising the need to show DF some mercy and allow for treatment.
He sentenced DF to five years for murder, three years for kidnapping, six months for assault, and three months for housebreaking, with all sentences to run concurrently.
As a result, DF will serve an effective five-year sentence at Kimberley Correctional Centre, including time already spent in custody.
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