KEY POINTS
- Mother’s life sentence reduced to 15 years after appeal.
- Judges ruled that original sentencing lacked proper justification.
- The case remains one of South Africa’s worst examples of child abuse.
A South African mother who was convicted of murdering her 3-year-old daughter had her life sentence reduced to 15 years, following an appeal in the Gauteng High Court.
The court found that the judge who sentenced Welmarie Smith in 2019 failed to substantiate why the maximum sentence was imposed.
The original ruling sentenced Smith to life in prison for the murder and an additional 25 years for the prolonged abuse of her child.
However, three appellate judges reviewed the case and ruled that 25 years for assault was disproportionate, reducing it to five years.
Smith’s former husband, Willem Smith, who was convicted of assaulting their daughter, also received a 25-year sentence. He was not found guilty of murder, as he was not home when the child died.
Judge Collis, who led the appeal panel, noted that it is unclear whether Willem Smith appealed his sentence, suggesting he should consider doing so.
Details of a tragic and disturbing case
The child, Nicole Smith, was subjected to ongoing physical abuse at the hands of her parents.
The final fatal blow came from her mother, who struck her on the forehead.
Welmarie claimed that her daughter had fallen out of her cot, but the court dismissed this as false.
She later suggested that her husband threw a Marmite bottle at the child, which might have contributed to her injuries.
When paramedics arrived at the scene, they discovered that Nicole had numerous wounds and burn marks across her body.
A pathologist reported that the child was severely emaciated, weighing only 12 kilograms at the time of her death. She had 18 wounds and bruises, including an untreated fractured leg.
During the original trial, Judge Bert Bam described the case as one of the worst examples of child abuse he had ever encountered.
According to IOL, he emphasized that Nicole was tortured over a prolonged period, calling the acts of her parents “pure evil”.
“It is incomprehensible how parents can do this to their own child,” Judge Bam stated. “This was not just abuse—it was torture.”
Despite overwhelming evidence, both parents denied responsibility for the child’s suffering.
Court cites mitigating factors in sentence reduction
During the appeal, Welmarie Smith argued that the original judge failed to consider mitigating factors. This included the 12-year delay between the crime and the trial.
She also pointed out that since her daughter’s death, she had been a good mother to her other children.
Judge Collis clarified that reducing the sentence does not mean the court does not recognize the severity of the crime.
The panel made modifications because the court failed to establish a legal basis for handing down a life sentence.
Public opposition has emerged due to this case as people wonder about the fairness of the delivered justice.
Child rights advocates express a strong opinion for enhanced punishment to address severe child abuse cases.
