South Africa - Martin, 55, Theresa, 54, Rudi Van Breda, 22, Murdered, 26 Jan 2015 #5

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Tortoise said:
I wonder if this line means he is not planning on an appeal:

Will we ever know why Henri #VanBreda killed his family? | Cape Argus

“In this case I am searching for a human factor to some degree that diminishes the sheer seriousness of the crime. Let him say something that affords me to apply mercy.

“I want to be guided by you to an extent. I am appealing for you to put before me some reason for the attacks. Some reason for me to apply mercy,” said Judge Desai.


Defence lawyer Pieter Botha said he had no substantial and compelling circumstances to submit on behalf of the accused.

He said Van Breda maintained his innocence and had accepted the court’s decision of premeditated murder.

“The only substantial and compelling circumstances is his youthfulness and that he has no previous conviction,” he said.
Click to expand...

I missed that HvB had accepted the court's decision of premeditated murder but noted Botha said HvB had always maintained his innocence when Desai asked if there was anything that could help him determine the sentence (my words not his). Botha said he had asked HvB on several occasions whether he had anything to say in his defence but B. said HvB always said nothing other than he was innocent when asked. From that I assumed HvB was going to appeal but now, with his acceptance of the court's decision, all that seems very unlikely. Quite bizarre!
 
Danielle is there at the right of your screen.

I hope they get the sound sorted. It's dropping out constantly.
 
JudgeJudi said:
While we wait, you might like to read these excerpts from the Judgment in The State vs DD (Don Steenkamp) who was 17 at the time. Just chilling.

"37. Twelfth: If the minor reacted as described by his relatives, and also by the investigating officer and further when he testified in court then it would be fair to say of him the deaths of his family left him cold; indifferent. He saw his father sprawled and full of blood. He looks at him and walks past. Next he sees his mother prostrate and bloodied and adopts a similar attitude. His beloved younger sister of 14 years, who was heavily wounded, strains every sinew, evidently to summon help; He has his cell phone with him. He does not call an ambulance or the police or a relative.

38. Thirteenth: Perhaps one of the most porous suggestions by the minor is that the farm-attacker would descent on the farm as a lone-ranger; would come on foot; would come unarmed; would evade the occupants of the house to reach the firearms at the furthest point in the house; kill the three deceased with their own weapons; spare the minor, who was with the intruder in the house, for no distinguishable reason from the others; leave R32 000,00 in cash and three wallets belonging to the three deceased containing wads of cash; walk away on foot when an appealing twin-cab Isuzu were there for the taking This Rambo is now once more unarmed. Perhaps when confronted by the police or the Neighbourhood Watch he would stick up his hands in the air and say: Sorry, I got lost. If this was true, the attacker would be dubbed the dumbest farm-attacker ever in South Africa.

58. Why did the minor escape totally unscathed? Why was the killer so kind-hearted towards the accused minor? Nonchalantly, he replied that he does not know. Mr Coetzee argued that it is for the State to supply the answer to its own questions. The State is not required to prove a negative or what was peculiarly within the contemplation of an accused’s mind at all relevant times.

59. I have deliberately refrained from commenting adversely or attaching any significance to the minors demeanour in the witness stand due to the length of the trial and that at 17 he is but a child who was subjected to searching but fair cross-examination. Except that I must say this: In the witness stand he showed no emotions. He has a strong voice and was assertive and confident. Even when he was painted into a corner he was not flushed. He never stammered or tripped over his words, even when he lied blatantly. He has a strong character. He is certainly not a wilting violet".

www.saflii.org/za/cases/ZANCHC/2014/9.html
Click to expand...

Another horrid case.
Thank goodness we obtain Guilty, on all counts.
How many years did he get?
 
JudgeJudi said:
I'm still going with 25 x 3 to be served concurrently + 15.

I don't like what I'm hearing from Desai.
Click to expand...

I'm afraid we're going to be disappointed, JJ. Can't imagine why Judge Desai thinks they should be served concurrently. I'm taking heart from the thought that every day is going to feel like an eternity to Henri.
 
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Judge Desai arrives, "sentencing must be and are the product of sober, unemotional and considered

You have axed to death 3 people and attempted to do the same to a 4th immediate family members

Mr Botha raised simply and somewhat bluntly 2 points your age and no prior convictions. Both are factors that weigh in your favour- you were 20 years old at the time.

I accept that as a 20 year old u did not have the maturity, understanding and life experience of an older person, I am acutely aware that long term imprisonment will deny you the oppurtunity and privilege of growing old in an open society

Cape {Town} Etc (@CapeTownEtc) | Twitter
 
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