The sister told the court during trial that she had forgiven her brother.
A 39-year-old man who killed his sister’s one-year-old child while under the influence of the drug tik (crystal meth) has avoided a life sentence.
The accused, referred to only as D.F., was recently sentenced to five years’ imprisonment by the Northern Cape High Court in Kimberly.
Background
D.F. faced four charges of assault with the intent to do grievous bodily harm (GBH), kidnapping, murder, and housebreaking with intent to commit a crime.
He had already spent approximately two years and four months in custody at the time of sentencing, awaiting the conclusion of his trial.
Although the judgment did not provide detailed facts about the incident, arrest, or trial proceedings, it confirmed that D.F., who was 34 at the time of the offence, underwent a 30-day psychiatric evaluation due to his history of drug addiction.
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A psychiatric report concluded that the accused was mentally fit to stand trial, but had been so heavily intoxicated at the time of the offences that his ability to appreciate the wrongfulness of his actions was negatively impacted.
As a result, the 39-year-old man was not convicted on the original charges, but rather under Section 1(1) of the Criminal Law Amendment Act (CLAA), which applies to crimes committed while an individual is voluntarily intoxicated.
Correctional services report
A witness for the state, Ms Klaaste, a correctional services officer, had presented a report to the court during the trial, arguing against a non-custodial sentence under Section 276(1)(h) of the Criminal Procedure Act (CPA).
She stressed the seriousness of D.F’s actions and the inadequacy of state-run rehabilitation services outside prison due to overcrowding and placement delays.
Private facilities, she told the court, were too expensive and unaffordable for the accused.
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Klaaste testified that the Kimberley Correctional Centre had a full-time doctor and trained nursing staff with experience in managing mental health conditions.
This, she added, would enable D.F to take his prescribed medication consistently for his chronic drug-induced psychotic mood disorder and epilepsy.
Such support was not available at the Hopetown Correctional Centre, which is closer to D.F’s home and family.
Northern Cape High Court sentencing
In delivering his judgment, Northern Cape High Court Judge Lawrence Lever considered the nature of the offences, the accused’s personal circumstances, and the broader interests of society.
D.F’s background included a Grade 11 education, casual work on a farm earning R1 200 every two weeks, and fatherhood to two children.
The judge also took into account the 39-year-old man’s time already served in custody and the fact that he committed the offences while in a drug-induced psychotic state.
“Dr Kirimi described the accused as acting as if he were an automaton,” the judgment reads.
Lever also reflected on the testimony of D.F’s sister, who was both the victim of the assault and the mother of the deceased child.
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While acknowledging the deep impact of her child’s death, she told the court she had forgiven her brother.
She also shared that she had suffered from drug addiction herself, starting before D.F., and that her brother had once tried to help her overcome it, which she ultimately did.
“Ms F seemed to understand her brother’s addiction. She also seemed to have a genuine desire to help him.
“It is clear from the evidence placed before this court prior to the conviction of the accused and during the sentencing process that abuse of the drug tik was central to this tragedy. That were it not for his addiction, this tragedy would not have happened,” Lever said.
Minimum sentence not applicable
Noting the seriousness of the murder and kidnapping, the judge concluded that the prescribed minimum sentences for serious offences, including life imprisonment under Section 51 of the CLAA, did not apply in this case.
Referring to a previous judgment, Lever said that although punishment must fit both the criminal and the crime, “it is appropriate to show the accused a measure of mercy” under the circumstances.
“The accused must also receive treatment to optimise his chances of rehabilitation and optimise the chances of preventing a similar tragedy in the future.”
Lever, therefore, imposed a custodial sentence, ordering that D.F serve his sentence at the Kimberley Correctional Centre.
The court handed down sentences for each conviction: five years for murder, three years for kidnapping, six months for assault, and three months for housebreaking, which will run concurrently.
As a result, D.F received an effective sentence of five years’ imprisonment, which includes the more than two years he has already served in custody during the trial process.
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