Justice for Joshlin | Trio imprisoned for life

SALDANHA BAY - Kelly Smith and her co-accused, Jacquen Appollis and Steveno van Rhyn, have been sentenced for the kidnapping and trafficking of Joshlin Smith.

Judge Nathan Erasmus delivered the sentences after convicting the trio earlier in May.

All three accused were sentenced to life imprisonment for human trafficking and 10 years for kidnapping.

Their names will also be entered into the child protection register.

Erasmus said Joshlin’s disappearance deeply fractured the community.

“We heard about the extensive searches that took place,” he said. 

“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."

Erasmus said it was clear that imprisonment was the only appropriate sentence -- the only question was for how long.

“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,” he said. 

“But how do you balance the interests of society with your own prospects of rehabilitation when someone commits such a heinous crime?”

He added: “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 all three were using substances at the time, but said that offered no excuse: “I have not forgotten that you were under the influence of substances, but that does not absolve you of responsibility.”

Erasmus noted the community’s outcry for justice, saying those who harm society must be held accountable.

"Those who harm society must pay for their deeds, and we do that through different types of punishment," he said.

"It must also serve an important purpose of deterring the individuals of reoffending, but also generally deter others that would dare to undermine the moral values of society."

Erasmus said he had a duty to act in the interest of the community and to protect the rights of individuals, especially the rights of children in cases like this.

“I hope that when we deal with matters like these, we take them seriously,” he said.

He added that the judgment was carefully crafted to ensure the accused understand the reasons behind their fate, and so the broader community can grasp the meaning and purpose of the sentence.

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