The life imprisonment sentence of a Port Elizabeth man who raped his 12-year-old daughter stays, the Supreme Court of Appeal ruled on Monday.
The 38-year-old father of three, who acknowledged he had a drug problem, pleaded guilty to the rape in the Regional Court in Port Elizabeth in October 2009.
He was sentenced to life imprisonment. The Eastern Cape High Court later confirmed his sentence.
The high court held that despite his remorse by pleading guilty and admitting to his drug use, there were no substantial and compelling circumstances for a lesser sentence than life imprisonment.
On Monday, the SCA agreed there was no evidence the father was a good candidate for rehabilitation.
It held the man breached his parental duty of care and betrayed his daughter's trust in him, rendering the crime more abhorrent and repulsive.
SCA Judge Lebotsang Bosielo said the rape was incestuous, seen to be morally repugnant by many, if not all right-thinking people. In addition, before the rape the father had twice performed improper sexual practices on her.
The girl suffered serious and far-reaching psychological and emotional injuries.
The SCA held these aspects outweighed the father's mitigating circumstances and there were no substantial and compelling circumstances to justify a lesser sentence.
The appeal against the sentence imposed was dismissed.