Paarl woman who killed 6-month-old daughter sees life sentence reduced – Here’s why

A mother who resided in Paarl has had her life sentence significantly reduced after being convicted of killing her six-month-old child.

The woman, whose identity remains undisclosed, successfully appealed her sentence in the Western Cape High Court in Cape Town, resulting in a reduction from life imprisonment to 12 years.

Paarl mother given life sentence for murder

Initially, the Paarl Regional Court sentenced the mother to life imprisonment in August 2024 after convicting her of murder.

During the trial, she pleaded guilty, admitting to suffocating her sick six-month-old daughter on 7 May 2022.

In her plea statement, she described the events leading up to the tragedy, revealing that she was with her four-year-old daughter, who sought her attention, while the infant cried uncontrollably.

She admitted to placing a bottle cap over the baby’s mouth and nose to stop the crying.

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A forensic pathologist confirmed that the cause of death was consistent with asphyxia.

However, the state rejected her guilty plea, arguing that the murder was premeditated.

Despite calling five witnesses, the mother opted not to testify or call any witnesses in her defence.

After being arrested on 31 July 2022, she was sentenced to life imprisonment.

She then sought leave to appeal her conviction and sentence, with the case heard on 31 January 2025.

Western Cape High Court appeal ruling

In a recent ruling, Judge Ncumisa Mayosi questioned whether the woman had direct intent to commit murder.

The judge noted that the magistrate reached his conclusion since the mother did not contest the contents of the autopsy report and failed to provide additional evidence regarding her state of mind beyond her plea statement.

“In my view, the learned magistrate, in coming to this finding regarding the presence of premeditation, erred,” Mayosi said.

She explained that the magistrate had incorrectly equated intent to kill with premeditation, failing to consider the critical factor of timing before the act itself.

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Mayosi referenced previous judgments to emphasise that intent and premeditation are separate concepts.

The judge highlighted that even the state conceded during the appeal that there was no concrete evidence proving premeditation.

“It was accepted by both parties, however, and this court, that the offence committed was of a serious enough nature to attract a custodial sentence,” she added.

Paarl mother’s life sentence reduced

Regarding the sentencing, Mayosi referred to the Criminal Procedure Act, which stipulates that a person convicted of a Schedule 2 offence should be sentenced to a minimum of 15 years in prison if they are a first-time offender.

She noted that the mother had no prior convictions.

However, she also pointed out that the law allows for a lesser sentence if there are substantial and compelling circumstances.

Mayosi also criticised the magistrate for failing to consider the woman’s role as the primary caregiver of her surviving child.

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“This constitutes a serious misdirection on his part,” she said.

“He did not apply his mind at all during sentencing to the question of whether it was essential that steps be taken to ensure that [her four-year-old daughter] would be adequately cared for if the primary caregiver was imprisoned.

“The fact that there was a minor child who would be impacted by a custodial sentence further emphasised the necessity and importance of the relevant pre-sentence reports serving before the magistrate to guide him on an appropriate sentence.

“A report from the family advocate may also have been used,” the judgment further reads.

Personal circumstances considered

Although Mayosi acknowledged the seriousness of the crime, she said the magistrate did not give sufficient weight to the woman’s personal circumstances.

The mother testified during the appeal proceedings about her difficult upbringing, explaining that she lost her mother and grandmother in the same year — 2007 — when she was only ten years old.

At the time, she lived in Willowvale, Eastern Cape, and dropped out of school in Grade 5.

The accused described a life of hardship, moving between relatives who eventually turned her away due to financial constraints.

At one point, after arriving in Cape Town, she was nearly forced into marriage with an older man but escaped by running away.

She had her first child at 15, gave birth to her second at 20, and had the baby she killed at 24.

“The appellant testified of her lack of support in her life in general, especially immediately before the murder of [her] baby.

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“The baby had been hospitalised shortly before her death at Stellenbosch Hospital as a result of malnutrition, which itself speaks of a grave situation in which there was no one that could be relied upon even to assist with feeding her children.

“Following the baby’s hospitalisation, the appellant was awaiting assistance from the local clinic with food and supplies for the baby.

“The baby’s father had recently given her R300 for the baby, but he generally only gave her money whenever he felt like it.

“She had secured a job in Hout Bay, working two days a week in return for between R500 and R600 in wages.”

Mayosi also dismissed the magistrate’s conclusion that the mother had support from two other people, stating that this was “wrong”.

The judge upheld the appeal and reduced the woman’s sentence to 12 years, effective from 1 August 2022, as she had been incarcerated since then.