The scathing views by the SCA of the analysis of the evidence by Judge Mphahlele demonstrate either considerable incompetence on her part or her having been unduly swayed by what was happening outside the court. Either way, her performance was unprofessional.
It is suggested that the fact of the infringement of constitutional rights is arguably irrelevant, as most crimes, and certainly crimes against bodily integrity, exist and have existed aside from the constitution. The fact that one has the right not to be assaulted or murdered doesn’t need constitutional authority.
And should remorse or the lack thereof be relevant in sentencing? This is a debate for another time.