Court Sentencing for Multiple Crimes
You are sentenced to 12 life sentences.
You are sentenced to five years imprisonment on each of the
attempted murder counts. In terms of Section 280 of the Criminal
Procedure Act, I order that the sentences on the eight counts of
attempted murder
should run concurrently. Fifteen.
Concerning counts one to two hundred and fifty-three,
the pornographic images which were found on the accused cellular phone,
the prosecution submitted that the accused should be sentenced to
ten years for
each count.
This would imply that the sentence which ought to be imposed would be two
thousand five hundred and thirty years, which,
which Mr. Albert submitted would merely be for show
purposes.
Mr. Albert submitted that such a sentence would be impractical
as the accused would
have to serve the rest of his natural life in prison.
He submitted that the court should impose a sentence taking into account the
cumulative effect of the punishment,
and ordered that these sentences run concurrently with the life sentences.
Sixteen. I am of the view to impose ten years for
each count in
respect of counts one to two fifty-three would be imposing a Methuselah-like
sentence. In the circumstances, I'm of the view that these counts should
be treated
for sentencing purposes jointly, as opposed to
sentencing the accused on each of the two hundred and fifty-three
counts.
The accused is sentenced to twenty-five years imprisonment on counts one to two
hundred and fifty-three.
Seventeen. Counts two six four to counts six
forty relate to porn, pornographic material which was
retrieved from the accused computer.
The accused testified that he was unaware of the images of the young
boys
performing lewd acts such as fellatio and other acts.
He suggested that the boys who lived with him posted these images onto
his computer.
The court rejected this version. Once again, the prosecution
requested that a m- maximum period of imprisonment be imposed
on the
accused on these counts.
I have decided to follow the same approach in sentencing on these counts as I did
in respects of counts one to two fifty-three.
These counts are taken as one for the purposes of sentencing, and the
accused is
sentenced to twenty-five years imprisonment on these counts.
Eighteen.
Counts six forty, six forty-one, six forty-two, six forty-three,
and six forty-five. These
counts concern child pornography or pursuing child
pornography. The accused was instrumental in making videos of the
victims, which he distributed to his clients.
He is sentenced to four years imprisonment on each count.
I order that these sentences on these counts should be served concurrent,
concurrently with each other.
Nineteen. Counts six fifty, six fifty-one, six
fifty-two, six fifty-three, and seven thirty-th-three
related to charges whereby the accused benefited from child victims.
The accused arranged for these children to participate in activities whereby he
received a benefit
from their actions in massaging or engaging in lewd
sexual activities with his clients.
He promoted this illicit business and made a living by the
exploitation of the activities performed by the children.
He is convicted on these counts, and he's sentenced to five years
imprisonment on
each count. Once again, I order that the sentences in respect of these
counts be served concurrently.
Twenty. Count six fifty-four relates to the
accused using his premises as
a brothel. On this count, he's sentenced to three years
imprisonment.
This sentence should be served concurrently with the sentences imposed in
respect
of counts six five one, six five two, six five three, and
seven thirty-three.
Paragraph twenty-one. Counts six six one, six six two, six
six three, and seven three five relate to unlawfully
promoting a
Schedule 2,
uh, unlawfully promoting Schedule 2 offenses.
These counts are taken as one for the purposes of sentencing,
and he's sentenced to
twelve months on each count.
Twenty-two. Counts six fifty,
six six six, six six eight, and six seventy
relate to, relate to rape and compelled rape.
You are sentenced to ten years imprisonment on each of these counts.
I order that these sentences on counts six six eight and six seventy to run
concurrently with the sentence imposed on count six six five.
Twenty-three.
Counts seven one three, seven one four, seven one five,
seven one six, seven one seven, seven one eight, seven one nine,
seven twenty, and seven twenty-one
relate to the accused exposing his genitalia.
These counts relate to the incidents at the Dagama Kloof and the
Aquatic Club, where the accused loitered around naked in
the
cloakrooms, having an erection in the presence of the
young boys.
These counts also include those incidences where the accused was, in
inverted commas, teaching, close inverted commas, the boys to perform
massages when they were naked, and he showed them how to perform the
so-called happy endings.
Uh, will you please put your hand down?
Uh, please put-
Will you kindly put your hand down?
I've told you time and time again
that you are not to address me directly, and if you want to say anything, you must
wait until I'm finished. I will give your counsel an opportunity to
speak
to you so that he can then address me.
This is not a school where you can just lift your hands when you feel you have the
urge to do so.
Apart from it being distracting, it is rude.
He's sentenced to one year imprisonment on each of these counts.
Twenty-four.
Count seven two eight, malicious damage to property.
This count relates to the accused damaging the boom gate at the Aquatic Club.
He's sentenced to three year, three months imprisonment, which
is fully suspended
for three years on condition that he does not commit a similar offense
during the
period of suspension.
Twenty-five. Counts seven two three, seven two four, seven two
five, seven two six, and seven two seven.
These are counts where the accused instructed and directed the victims to
make
videos which he sent to Paul Kennedy.
He directed the victims to fondle their private parts and to make
sexually suggestive videos which...
whilst they were naked. Paul Kennedy paid a fee for
these videos.
He is sentenced to five years imprisonment on each of these counts.
It is ordered that these sentences in respect of these counts should be served
concurrently.
Twenty-six.
The accused, having been sentenced to 12 life
sentences,
will in essence serve
one life sentence.
It follows that all the sentences in respect of the other counts will run
concurrently with that sentence.
As to when the accused would be released from
prison, it is an aspect which will fall within the domain of
correctional
services and the commissioner and the parole board.
I have nothing to do with that.
Twenty-seven. Finally, I order that the provisions of Section one twenty-
End of transcript · 1,161 words