Kelly Smith, the mother of missing girl Joshlin Smith, along with Jacquen Appollis and Steveno van Rhyn, was on Thursday, 29 May, sentenced to life imprisonment for their roles in the child’s disappearance.
Presiding over the case at a specially designated High Court sitting in the packed White City multipurpose centre, Judge Nathan Erasmus handed down life sentences for human trafficking, along with an additional ten years for kidnapping.
The sentencing drew a large crowd of Saldanha Bay residents, who erupted in applause and cheers as the verdict was delivered.
Before issuing the final judgment, Judge Erasmus informed the court that the trio’s legal teams would be granted the opportunity to appeal the sentences at a later stage.
He said that he found no mitigating factors in their favour and had carefully weighed all relevant considerations before determining the punishment.
Erasmus remarked that Joshlin’s disappearance had deeply fractured the Saldanha Bay community. He said:
We heard about the extensive searches that took place. Fifteen months on, people are still looking for her. We heard how communities came together and how many resources were used.
But the community was fractured by the conduct of the three of you… You are all relatively young, and yes, one of the purposes of sentencing is to rehabilitate the offender. I am well aware that potential always exists.
But how do you balance the interests of society with your own prospects of rehabilitation when someone commits such a heinous crime?
Even if I were not bound by a prescribed minimum sentence, I would still impose the harshest sentence possible.
In weighing all the factors and circumstances, your actions reveal significant moral blameworthiness.
Erasmus acknowledged that while the three accused were under the influence of substances at the time, this did not excuse their actions or lessen their responsibility.
He said society expects those who cause harm to be held accountable through appropriate punishment.
The judge explained that sentencing serves not only to prevent reoffending but also to discourage others from committing similar crimes, particularly those that undermine the moral fabric of society.
Erasmus stressed his duty to act in the best interests of the community and to protect individual rights, especially those of children in serious cases like this.
The judge also noted that the ruling was carefully constructed to ensure that the accused understood the reasoning behind their sentences and to help the wider community comprehend the purpose and meaning of the outcome.
Erasmus also confirmed that Smith, Appollis, and van Rhyn would be added to the National Child Protection Register.
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