A mother who brutally murdered her 3-year-old daughter, Nicole, after years of severe torture at the hands of both parents, received a significant reduction in her sentence. Welmarie Smith, convicted in 2019, was initially sentenced to life imprisonment for the murder and an additional 25 years for the prolonged assault on her child. However, on appeal, the Gauteng High Court reduced her life sentence to 15 years and substituted the 25-year term for assault with just five years. The court, while not excusing her actions, argued that the original sentencing failed to provide adequate justification for imposing the maximum penalties.
The tragedy unfolded in Springs, where Nicole was subjected to years of cruelty, suffering numerous physical injuries before her death. The child was found emaciated and covered in multiple bruises, including 18 different wounds and cigarette burns. Additionally, she had a fractured leg, which had gone untreated. The pathologist confirmed the harrowing extent of the abuse, describing the young girl as weighing just 12 kg at the time of her death. Despite her condition, neither Welmarie Smith nor her then-husband, Willem Smith, who was not present on the day Nicole died, admitted to the assaults.
The cause of Nicole’s death was traced to a final blow delivered by her mother to the child’s forehead. The mother initially claimed that Nicole had fallen out of her cot and suggested that a previous injury inflicted by the father—allegedly from a Marmite bottle—might have contributed to her death. The court rejected these explanations, finding the mother’s account unconvincing and pointing to the clear evidence of abuse.
Judge Bert Bam, who sentenced the parents in the original case, called it one of the worst instances of child abuse he had ever encountered. Describing the behavior as “purely evil,” he emphasized the incomprehensible cruelty parents can inflict on their own child. The judge’s comments highlighted the shocking nature of the abuse and the immense suffering endured by the little girl.
On appeal, Smith argued that the trial, which occurred 12 years after Nicole’s death, did not account for mitigating factors, such as her subsequent efforts to be a good mother to her other children. Judge Collis, who wrote the appeal judgment, acknowledged these arguments but made it clear that the court still recognized the gravity of the crimes. She stressed, however, that the original judge had failed to adequately explain why such severe sentences were imposed. The reduction in sentence was not intended to downplay the seriousness of the crime, but rather to address the perceived imbalances in the original judgment.
While Willem Smith, who had also assaulted Nicole over time, was convicted of assault, he was not charged with murder. His sentence, which was also 25 years for assault, remains unchanged, though Judge Collis suggested he should consider appealing if he had not already done so. The case stands as a grim reminder of the cruelty a child can endure at the hands of those meant to protect them and the long-lasting impact of such abuse.
