AS IT HAPPENED: #CoffinAssault duo leave to appeal dismissed

2017-10-27 09:21

The two men who forced Victor Mlotshwa into a coffin and threatened to pour petrol over him have been sentenced to 11 and 14 years' effective imprisonment respectively, and their leave to appeal has been dismissed.

 - For the latest updates, follow News24 reporter Jeanette Chabalala: @J_chabalala 

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Last Updated at 20:29
27 Oct 12:58

27 Oct 12:52

Court adjourns. 


27 Oct 12:50

Leave to appeal dismissed. 


27 Oct 12:50

Judge Mphahlele: "The court clearly took into account the nature of the offences committed, as well as the duration. And an element of mercy was also blended in. This is evidenced by the sentences imposed by this court - some of the sentences were ordered to run concurrently, further part of the sentences were suspended." 


27 Oct 12:44

27 Oct 12:44

27 Oct 12:44

Judge Mphahlele elaborates on the motivation for her ruling.


27 Oct 12:41

27 Oct 12:39

Court resumes. 


27 Oct 12:39

Judge Mphahlele has just returned to court to deliver judgment on the appeal. 

Meanwhile, there is lots of singing and dancing going on outside the court building, in light of the sentences handed down to the coffin assault accused. 


27 Oct 11:58

27 Oct 11:43

27 Oct 11:26

Court adjourns. 


27 Oct 11:25

27 Oct 11:19

27 Oct 11:17

27 Oct 11:13

27 Oct 11:09

27 Oct 11:06

27 Oct 11:03

27 Oct 11:02

27 Oct 11:01

Molokoane: "What more do we need to prove?" 


27 Oct 10:59

27 Oct 10:57

27 Oct 10:57

27 Oct 10:54

Advocate Gibbs says the court erred in convicting the men for attempted murder without evidence. 


27 Oct 10:53

27 Oct 10:45

27 Oct 10:43

WATCH: Judge sentences coffin assault duo to 11 and 14 years respectively 

(via SABC)


27 Oct 10:40

27 Oct 10:39

27 Oct 10:35

SENTENCING SUMMARY: 

Accused Number 1

Count 2: Three years imprisonment 

Count 3: Three years imprisonment 

Count 4: Five years imprisonment 

Count 5: Seven years imprisonment 

Count 6: Six years imprisonment 

Accused Number 2

Count 2: Three years imprisonment (Assault GBH) 

Count 3: Three years imprisonment (Assault GBH) (Mlotshwa) 

Count 4: Five years imprisonment (Kidnapping) 

Count 5: Seven years imprisonment (Attempted murder) 

Count 6: Six years imprisonment (Intimidation) 

And for defeating the ends of justice: Three years imprisonment 


27 Oct 10:32

27 Oct 10:09

Accused No 1 - 16 years imprisonment, Effectively 11 years direct imprisonment

Accused No 2 - 19 years imprisonment, Effectively 14 years direct imprisonment 


27 Oct 10:01

27 Oct 10:01

27 Oct 10:01

27 Oct 09:57

27 Oct 09:53

Judge Mphahlele: "The conduct of the accused fuels racial tensions." 


27 Oct 09:51

27 Oct 09:51

27 Oct 09:51

27 Oct 09:49

27 Oct 09:48

27 Oct 09:48

27 Oct 09:46

Judge Mphahlele notes that Mlotshwa testified he is still traumatised after the assault. 


27 Oct 09:46

Judge: "The complainants were badly assaulted... the most appalling act was to put someone in the coffin." 


27 Oct 09:45

27 Oct 09:44

The judge reminds the court that Victor Mlotshwa was not the first person the accused put into the coffin. 


27 Oct 09:43

The judge makes reference to the use of the K-word during the assault. 

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