OVERVIEW: Judgment reserved in the Van Breda leave to appeal application

2018-08-14 09:53

Convicted axe murderer Henri Van Breda's application for leave to appeal has been postponed in the Western Cape High Court until Monday when judgment will be passed by judge Siraj Desai.

Convicted murderer Henri van Breda
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Last Updated at 21:15
14 Aug 10:55
Advocate Pieter Botha and Susan Galloway have come out of chambers. They say Desai will pass judgment on application for leave to appeal on Monday, not Friday as initially said in court.

14 Aug 10:49

14 Aug 10:48
Galloway says court correctly found that not much weight needs to be afforded to the DNA. Desai: "You could ignore the DNA altogether and come to the same conclusion".

14 Aug 10:48

14 Aug 10:47
Galloway: Even if that evidence is not enough for premeditation, the facts and circumstances are enough that this would always have been a matter where the most severe sentence was applicable.

14 Aug 10:47
Prosecutor Susan Galloway argues that court correctly found premeditation. She says it does not matter how long before the premeditation is. Henri had to go downstairs to fetch axe and then back up.

14 Aug 10:46

14 Aug 10:46
Desai: Sentence would have been different if he had shown me somehow if the offence was somehow the product of a disturbed mind. There was no medical evidence. 

14 Aug 10:39

14 Aug 10:38

14 Aug 10:37
Botha on his client's blood splatters and version: "He is either the luckiest man in the world that he knew that from the word go or he is telling the truth."

14 Aug 10:32

14 Aug 10:29

Desai says that Botha has not dealt with a key pillar in his application, that of the self-inflicted injuries.

Botha says he did, saying: "that viewed in isolation is not enough. Your lordship made that finding."


14 Aug 10:23

14 Aug 10:22
Botha: We are saying that court of appeal may come to different conclusions on facts. It may attach more weight to, amongst others, the concessions made by State witnesses during cross-examination. 

14 Aug 10:20

14 Aug 10:19

WATCH LIVE: Henri van Breda's application for leave to appeal

Convicted axe murderer Henri van Breda will apply for leave to appeal his triple murder conviction and sentence in the Western Cape High Court on Tuesday.

Van Breda was found guilty of murdering his parents, Martin and Teresa, as well as his brother, Rudi, and attempting to kill his sister, Marli.

Judge Siraj Desai handed Van Breda three life sentences for the murders of his parents and brother, 15 years for the attempted murder of his sister and one year for obstructing the course of justice.

Van Breda has maintained that he is innocent.


14 Aug 10:14
Van Breda's application for leave to appeal, originally set to be heard in June, was delayed as his defence and the State needed time to prepare.

14 Aug 10:14

14 Aug 10:02

14 Aug 09:54

14 Aug 09:54
Van Breda was last month found guilty of murdering his parents Martin and Teresa, as well as his brother Rudi and attempting to kill his sister Marli.

14 Aug 09:54

Van Breda's leave to appeal application goes to court

Convicted axe murderer Henri van Breda's application for leave to appeal his triple murder conviction is expected to be heard in the Western Cape High Court on Tuesday.

Defence advocate Pieter Botha confirmed his client intended to apply for leave to appeal his conviction and sentence after Judge Siraj Desai handed him three life sentences for the murder of three of his family members, 15 years for the attempted murder of his sister and one year for obstructing the course of justice.

The sentences are to run concurrently.


14 Aug 09:54

ICYMI:

Henri van Breda's leave to appeal application delayed

Henri van Breda's application for leave to appeal his triple murder conviction has been delayed as his defence and the State need time to prepare, the Western Cape National Prosecuting Authority confirmed on Monday.

Originally set to be heard on Wednesday, the matter will now be on the Western Cape High Court roll on August 14, spokesperson Eric Ntabazalila said.

The convicted axe murderer's defence advocate Pieter Botha confirmed his client intended to appeal his conviction and sentence, after Judge Siraj Desai handed him three life sentences for the murder of three of his family members, 15 years for the attempted murder of his sister and one year for obstructing the course of justice.

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