Lulamile Stunga v The State

The appellant pleaded guilty in the Regional Court, Somerset East, to a charge of rape in contravention of section 3 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007, read with section 51(1) of the Criminal Law Amendment Act 105 of 1997. The complainant was an 11-year-old girl. On 23 September 2023, while alone at home with the complainant, the appellant instructed her to remove her panties and proceeded to have sexual intercourse with her. He was caught in the act when his girlfriend entered the house. Medical examination revealed physical injuries consistent with sexual penetration and significant emotional distress. The appellant was sentenced to life imprisonment. He appealed only against sentence, contending that the life sentence was disproportionate and that the trial court ought to have found substantial and compelling circumstances justifying a lesser sentence.

The appeal against sentence was dismissed and the sentence of life imprisonment was confirmed.

The case reinforces the strict application of the minimum sentencing regime for rape of minor children and underscores the high threshold required to establish substantial and compelling circumstances. It affirms a victim-centred approach in sentencing sexual offences and illustrates the limited scope for appellate interference with sentences imposed under the Criminal Law Amendment Act.