SCA reduces life sentence of rapist to ten years for assault on eight-year-old

THE Supreme Court of Appeal (SCA) discounted a convicted rapist’s life sentence to ten years imprisonment for the rape of an eight-year-old girl at a tavern toilet during 2010 or 2011.

- CHEVON BOOYSEN

Charles Phogole, who entered into a plea agreement at trial, was convicted and sentenced by the Regional Court Johannesburg, held in Alexandra, during February 2015. The new sentence was antedated to 2015.

Phogole’s counsel, who appealed against the conviction and sentence, also argued that the mother of the minor girl “influenced the complainant to falsely implicate him”. The SCA found sufficient cause to interfere with the sentence imposed by the trial court due to the fact that Phogole had not been informed that the minimum sentence of life imprisonment was applicable prior to entering his guilty plea.

It was the complainant’s version that Phogole undressed her, undressed himself and raped her with her back against the wall and “didn’t use a condom”.

According to the complainant, the appellant lifted her, pressed her against the wall, and raped her. This happened inside the toilet, and it was daylight. After he had finished, he told her to go home. She went home and did not tell anyone because she was afraid ‘they will give me a hiding’