Harsher sentence for rape couple

2010-06-15 12:25

Johannesburg - The North Gauteng High Court has ruled that the non-custodial sentencing of a couple for rape and indecent assault should be increased to effective jail sentences, the National Prosecuting Authority (NPA) said on Tuesday.

The State appealed the initial sentences imposed on Danny and Kamini Pillay handed down by the Pretoria Regional Court in 2009, NPA spokesperson Mthunzi Mhaga said.

Danny Pillay had been convicted of rape and indecent assault and his wife was convicted of indecent assault in May 2009. The couple gave alcohol to two sisters, aged 18 and 19, who visited the couple's home at Elandspoort in Pretoria. Both were indecently assaulted, one of them was also raped.

"We considered them too lenient for the crimes committed."

Danny Pillay received three years correctional supervision while his wife received an unconditionally postponed sentence.

"The appeal judges, Phatudi J and Mokota AJ, increased their sentences to an effective five years imprisonment for No.1 (Danny) and three years imprisonment wholly suspended for three years for No.2 (Kamini).

Mhaga said in setting aside the sentences, the judges found that the initial sentences were "shockingly inappropriate".
"The implication of this judgement is that accused No.1 has to report to the clerk of the court in Pretoria where he will be committed to prison to serve his sentence."

He added that NPA would exercise its right to appeal against all sentences viewed to be "inappropriate and undermining the proper administration of justice".