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

[Jennifer17]

I wonder what mitigating factors there could be? It's too late now for them to say his father was always very hard on him, nothing Henri did was ever good enough, his father was picking on him that night and he just snapped and went crazy and would now give anything to undo it. Too late for that. Too late for "the voices made me do it."

Maybe he has a psychologist's report saying his prospects of rehabilitation are good.

I can't imagine that.

 

[JudgeJudi]

I wonder what mitigating factors there could be?

The only things I can think of are his age and the fact that it's a first offence.

 

[Fluffykins]

I can't imagine that.

LOL Jennifer, me neither, I just threw that out there. Just trying to imagine how on earth there could be any mitigating factors whatever.

 

[Fluffykins]

The only things I can think of are his age and the fact that it's a first offence.

Ah, okay. Thanks JJ.

 

[Jennifer17]

The only things I can think of are his age and the fact that it's a first offence.

A pretty horrific first offence. I wonder what his second offence may be. His first offence was beyond the pale. It was not a petty offence, as first offences tend to be. He set out to murder his whole family.

 

[JudgeJudi]

Convicted axe murderer Henri van Breda arrives from prison.

Henri consults with lawyer Lorinda Van Niekerk and defence advocate Pieter Botha.

Adv Susan Galloway says no victim impact reports and no evidence will be presented by the State. Axe and knife will be forfeited to the State.

Pre-sentencing report from Nicro handed up by Adv Botha. Sources of the information were van Breda and his girlfriend.

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[JudgeJudi]

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[JudgeJudi]

Adv Botha reads aspects of the report. van Breda was initially counselled by Nicro following the murder of his parents and brother.

Adv Botha said an Breda maintained innocence throughout. He didn't show emotion, was guarded, understandable as he had been awaiting judgement.

VanBreda said he was very close to his parents - intellectual conversations with father; spoke for hours around dinner table. Not emotional type. His mother was a nurturer, emotional more than intellectual connection. Primary attachment figure.

VanBreda presented as protective of his sister. Looked up to his brother, Rudi.

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[JudgeJudi]

Danielle Janse van Rensburg and van Breda dating for over 2 years - his longest relationship.

VanBreda has no previous convictions or arrests, Adv Botha says. Social worker found no signs of set pattern of anti-social behaviour.

Van Breda has depression and anxiety. Also diagnosed with myoclonic epilepsy and is on chronic medication.

VanBreda was appropriately emotional about dealing with the deaths of his family, the social worker found.

Team News24 (@TeamNews24) | Twitter

 

[JudgeJudi]

Judge Desai wants to Google a word in the report. Whips out his cellphone to find the definition.

Adv Botha mentions van Breda was arrested in 2017 on a dagga-related charge. This was withdrawn.

VanBreda is being held in the Pollsmoor Prison hospital section. Adv Botha says the attack on Henri was confirmed. Foot hurt, but not seriously injured. Superficial. Another inmate came to his rescue. Foot was stomped on, though. Doctor said no bones broken.

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[JudgeJudi]

Adv B: Incident in which Henri was assaulted in prison, Adv Galloway has also confirmed that happened, his foot was damaged he was not seriously injured, place on record that he didn't attempt to commit suicide

Adv B hands up the report and it appears as if this is the only evidence he is presenting

Adv G: no further evidence in aggravation but notes that there are members from Pollsmoor present in court today, who had said there are no visible injuries or scratches other than a bruise on the foot

Adv B: now handing up his heads of argument

Judge Desai the only inference and finding from the type of injuries is that it is pre-meditated murder

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[JudgeJudi]

Adv B: was not sure of this as he noted Guilty of murder. Adv B: but the problem is the word pre-meditated only appeared once in the judgment

Judge Desai: no the finding was that it was a planned murder throughout the judgment referred to as a planned murder to make any other inference is incorrect

Judge Desai: clear that when the father came in he was almost heroic, Adv B: given that we were not sure if you meant pre-meditated but you made the finding clear now and I wont spend anymore time on it

Adv B: while recognising fair punishment should be robust mostly it must be balanced, attempt equality

Adv B: Holmes JA- State v Harrison justice must be done but mercy not a sledge hammer. Offences are clearly serious, I have nothing to add, foolish of me to suggest otherwise

[Mercy????? He deserves the same mercy as he gave his family. NONE.

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[JudgeJudi]

Judge Desai: Substantial and compelling circumstances? Adv B: his youthfulness, he was only 20 at the time, he is now 23 and he has no prior offences

Adv B: Concedes that youthfulness and not having prior offences is not sufficient to present substantial and compelling circumstances

Adv B: draws courts attention to words of Holmes JA and closes his argument

Adv G: starts her argument in aggravation, dealing with minimum sentences and the fact that they should not be dealt with lightly

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[JudgeJudi]

Judge Desai: Irrespective of the statutory minimums, the consequence is the same, regardless of substantial compelling circumstances

Adv G: we argue that there are no substantial and circumstantial circumstances, Adv G: says that we deal with this and refers court to para in her heads

Adv G: show he was immature. Judge Desai: that is not the case here.

Adv G: Age cannot exempt you from sentence of imprisonment (example from case law given)

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[JudgeJudi]

Adv G: S v van der Westerhuizen-if only the mitigating factors are considered, never arrive at a long sentence and if only aggravating considered must arrive at a long sentence, look at the crimes. Youthfulness and first offender is not enough to warrant lesser sentence

Adv G: family close knit, loving, no financial problems- accused chose to execute attack at a time when they were most vulnerable after they had gone to bed, armed himself with an axe, making victims particularly defenceless

To this day, maintains innocence which means that the court is, to this day denied the reason why the accused did it.

No remorse whatsoever even in Nicro reports, he shows no sympathy for his sister who lost her parents and brother and must now go through life without them

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[JudgeJudi]

Adv G: reminded of brother of Martin who described Martin as highly intelligent, successful. Martin clearly loved the accused evidenced by the fact that he did not expect to be attacked by his son

Adv G: Teresa- loved his mother was his primary attachment figure, one can only imagine what went through her mind seeing her son attack her in her last moments

Adv G: Marli gave a statement she was 16 years old at the time she was attacked, she has lost her family her home, despite her age tried to ward off the attack, has to go through life with knowledge that her brother killed her whole family and also tried to kill her

Adv G: states that Marli is maimed for life. A curator had to be appointed by the courts to protect her interests due to her brother murdering her whole family and her being such a young age, her life will never be the same

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[JudgeJudi]

Marli asked that her statement not be handed up in court

Adv G: refers court to interests of society, trite law that sentencing too lightly can be just as bad as sentencing too heavily. By imposing the appropriate sentences shown to restore order in community

Adv G: even if there were no minimum sentences a sentence of life imprisonment would be appropriate. The attempted murder of Marli should be given the same sentence, refers to similarity of wounds, attack and intent

Adv G: accused remained on the phone for a lengthy period of time without giving her any medical attention or even comforting her, the attack on Marli is similar to the attack on the deceased members she survived against odds

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Nick van der Leek has an excellent front row seat (guy in blue T-shirt)

I see 3 life sentences coming up.

 

[JudgeJudi]

Adv G: should life be imposed - Judge Desai: if I impose one life sentence then all other sentences automatically run concurrently

Adv G: here he obstructed the administrative of justice- rather than defeating, here he did not succeed, so it is the lesser seriousness of this crime, but a large amount of time and energy investigating that could have been avoided

Judge Desai: give me one compelling reason why this case warrants mercy?

Adv B: when the events occurred my client just turned 20 years old, at that stage of his life he has not transgressed the law

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[JudgeJudi]

Adv B: regarding remorse, my clients instructions are that he did not do it so he cannot express remorse, I can't take it further

Adv B: I concede these murders are of a high degree of seriousness, no doubt about that, so I cant suggest to your lordship otherwise

Judge Desai: in this case I am searching for something, some human factor that to some degree diminishes the seriousness of the crime, there must be something or the only inference is that he acted in total wickedness

Judge Desai: I wanted to be guided by you, I exercise this decision solely without my assessor

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[JudgeJudi]

Adv B: the only aspect that I can submit is his youthfulness, an adjournment won't change anything I have canvassed this with my client at the outset during trial and after conviction I cannot take it any further

Judge Desai: it may not be important today but it may be important for parole, do I give one life sentence or two life sentences, what do you submit on that

Adv B: I concur wholeheartedly, again I can't take it any further, he is 23 years old, as much as I would like to assist I cant help you

Judge Desai: although this is uncomplicated, I will at least take a few days to consider the sentence, are you available on Friday?

Judge Desai will deliver sentence at 10am on Thursday 7 June 2018

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