Farmer's murder sentence cut
20/03/2008 21:20  - (SA)  

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Bloemfontein - The Supreme Court of Appeal (SCA) on Thursday changed the murder conviction of Limpopo farmer and lodge owner, Jewell Crossberg, to culpable homicide.

Crossberg was convicted in the Polokwane Circuit Court of murder in April 2007 after Jealous Dube, a farm worker, was shot and killed.

The incident happened in June 2004 at Vogelenzang farm near Musina in Limpopo when Crossberg, at close range, shot and killed Dube thinking that he was shooting at baboons.

Crossberg also was convicted on four counts of attempted murder when he fired shots in the direction of four of Dube's co-workers.

The trial court sentenced Crossberg to 20 years' imprisonment on the murder charge and five years' imprisonment on each of the four counts of attempted murder.

The court ordered that the sentences should run concurrently meaning that Crossberg was effectively sentenced to 20 years' imprisonment.

Culpable homicide

The SCA set aside the charge of murder and the four counts of attempted murder and the related sentences on Thursday.

The conviction on the murder charge was substituted with a conviction of culpable homicide.

The Bloemfontein court in a majority judgment sentenced Crossberg to five years' imprisonment, two years of which were suspended for five years on condition that he was not convicted of culpable homicide or assault with intent to do grievous bodily harm or any contraventions of the Firearms Control Act during the period of suspension.

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