Man who killed Jason-Kirk Damon sentenced

MOSSEL BAY NEWS - The Mossel Bay Regional Court sentenced the man who killed a 23-year-old Asla Park resident, Jason-Kirk Damon, on 17 November 2024 to 12 years’ direct imprisonment yesterday, 23 March.

Aphelele Kanuka (25) had pleaded guilty to Damon’s murder in the Mossel Bay Regional Court in December, after which the matter was postponed to yesterday for the probation officer’s report and sentencing.

Damon was stabbed five times, four times in the back, outside a shop in Dube Road, Asla Park. He was rushed to hospital where he later died of his injuries.

The court heard that Kanuka’s cousin, Sisipho (23) had been stabbed and killed the evening before Damon’s murder.

Aphelele had been with Sisipho that evening when they were chased by a group and became separated. He later came across Sisipho’s body. He claimed Damon had been part of the group who had chased the cousins.

Aphalele’s attorney told the court he had been emotional over Sisipho’s death and was under the influence of alcohol, and it was in this state that he moved to take revenge, but that he now felt remorse for his actions and often thought about Damon’s family.

The attorney said a deviation from the minimum prescribed sentence of 15 years should be considered, as Aphelele had pleaded guilty, felt remorse for his actions, was a first offender, was young and could be rehabilitated.

However, the state prosecutor, Ntsiki Tyeke, argued that Damon had been defenceless when he was stabbed multiple times in the back, showing that he was trying to run away from his attacker.

She said it was clear from Aphelele’s plea and the probation officer’s report that the murder was motivated by revenge.

“He is here in this court being defended, and he did not give the opportunity to the deceased for the same to be done,” said Tyeke.

“He took it upon himself to take the law into his hands and didn’t even bother to ask the deceased what had happened. He doesn’t even know if the deceased was the one who actually stabbed Sisipho, but today he is asking for mercy when he did not show any to the deceased.”

She said Damon was also loved by his family, that he had his own responsibilities and was the breadwinner.

“Today, the only thing his family are left with are the memories of what their child was to them and what he could have been in the future,” said Tyeke.

She asked the court not to deviate from the minimum prescribed sentence. She then handed over two victim impact statements by Damon’s mother, Claudine Damon Patel, and his aunt, Charniel Damon Klaasen, to the presiding magistrate, Jerome Koeries.

After an adjournment for deliberation, the court was called back to session. Koeries said he had considered both the State and the defence’s arguments for deviation, as well as the two victim impact statements and the probation officer’s comprehensive report of Aphelele’s personal circumstances.

“The main aims of sentencing are deterrent, prevention, reformation and retribution, and during sentencing, the court should not lose sight of the fact that sentencing should always be individualised, considered and passed dispassionately, objectively upon careful consideration of all the factors,” he said.

Koeries said it was the court’s duty to maintain law and order. He said the courts’ decisions have an impact on society and provide just punishment. He added that it was important that the court does not approach punishment in the spirit of anger.

He said when considering all the cumulative circumstances, he found there were substantial and compelling circumstances to deviate from the 15 years.

He said he was satisfied that through Aphelele’s pleading guilty and not putting Damon’s family through a trial, Aphelele had shown remorse.

Koeries thus sentenced Aphelele to 12 years’ direct imprisonment and ruled him unfit to possess a firearm.

Following the sentencing, Damon Patel told Mossel Bay Advertiser that no sentence would bring her son back. “I am sad. His life [Aphelele’s] has also been ruined,” she said.

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