Fifteen years direct imprisonment imposed on offender for sexual assault against elderly and possession of child pornography #Sentencing #ActAgainstAbuse WESTERN CAPE - The Provincial Commissioner, Lieutenant General Thembisile Patekile has welcomed the hefty sentences imposed on 37-year-old Mark Labuschagne in the Mossel Bay Regional Court yesterday, Monday, 17 January 2022.
He
was convicted on three counts relating to the contravention of the Sexual Offences Act as well as the Films and Publication act, namely Sexual Assault and Masturbation in public, forcing an elderly female victim to witness it and the possession of child pornography.
The judgement was handed down by Magistrate Francis Makamandela whilst State Prosecutor Helga Goosen represented the State.
As such, she sentenced him as follows; Charge 1- Sexual Assault - five years direct imprisonment Charge 2- Exposure/ Self masturbation - three years imprisonment and Possession of Child Pornography - seven years imprisonment.
The magistrate ordered that the sentences do not run concurrently, meaning that he was effectively sentenced to 15 years direct imprisonment.
She further ruled that the accused, Mark Labuschagne's
name be recorded in both the Sexual Offences Register and the Abuse of Elderly Persons Register.
In addition he was declared unfit to possess a firearm, also unfit to work with children.
The magistrate took into account that the accused had been incarcerated since October 2020 when he was arrested by members of the Mossel Bay Family Violence, Child Protection and Sexual Offences Unit when the initial allegations came to light he then faced four charges relating to the Contravention of the Sexual Offences Act, but the first charge was withdrawn.
During his arrest, members confiscated his cellphone and discovered child pornography images on his phone for which he was charged.
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