Defence fails to provide judge with reason to show mercy in sentencing Van Breda - AS IT HAPPENED

2018-06-05 11:02

Following sentencing proceedings in the Western Cape High Court, convicted murderer Henri van Breda has been escorted back into custody as sentencing is postponed to 10:00 on Thursday.

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Last Updated at 04:56
05 Jun 13:32

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05 Jun 12:17

05 Jun 12:15
Judge Desai says sentence would be appear to be relatively uncomplicated.  He will hand down his sentence on Thursday.

05 Jun 12:14

05 Jun 12:12

05 Jun 12:11
Judge Desai says in light of grotesque nature of the crime... he is searching for some "human factor". Nothing emerges."It's my sole right to sentence him. I want to be guided by you," he tells Adv Botha.

05 Jun 12:07

05 Jun 12:06
There is no minimum sentence for attempted murder, Adv Galloway points out. Van Breda was on the phone with emergency services for a long time knowing Marli was still alive. He didn't try to help her.

05 Jun 12:05

05 Jun 12:00

A victim impact statement will not be handed in from Marli #VanBreda. Galloway maintains Marli lost her family and her home. She has to live with the knowledge that her brother killed her whole family, tried to kill her.

"Nothing will ever be the same again for her." 


05 Jun 11:57

05 Jun 11:57
Van Breda shows no sympathy for his sister who lost her family, Galloway says. 

05 Jun 11:56

05 Jun 11:52
Age can't exempt you from being handed a lengthy prison sentence, Adv Galloway says, quoting case law.

05 Jun 11:50

05 Jun 11:50

Adv Botha quoting case law, says cases Van Breda is convicted of are serious. Minimum sentence is life. Youth of his client should be considered (he was 20 at the time) and he is a first offender.

"That's as far as I can take it," Botha says.


05 Jun 11:42

05 Jun 11:41

Adv Botha moves to pre-meditation and planning. Desai says his full judgment deals with this.

"The inference from the injuries are that it was premeditated," he says. Van Breda had to fetch the axe, Desai points out.


05 Jun 11:38
Prosecutor Galloway says in prison attack, Van Breda only showed a bruise on left foot and no other visible injuries. No suicide attempt, State and defence agree.

05 Jun 11:36

ICYMI: Henri van Breda prison attack: Conflicting claims emerge

Claims by Henri van Breda's lawyer of a prison attack against him have been denied by the department of correctional services (DCS), who are adamant that the claims are false.

Van Breda's lawyer Lorinda van Niekerk told News24 that he was attacked by five inmates while on his way to the hospital section of Pollsmoor Prison.

Another inmate is believed to have intervened and protected the convicted axe murderer from his assailants."He was slightly injured, but he is being attended to by Pollsmoor nursing staff," she said.


05 Jun 11:35

05 Jun 11:35

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



05 Jun 11:31

05 Jun 11:31
Van Breda was apppropriately emotional about dealing with the deaths of his family, the social worker found. 

05 Jun 11:28

05 Jun 11:27
Van Breda has no previous convictions or arrests, Advocate Botha says. Social worker found no signs of set pattern of anti-social behaviour. 

05 Jun 11:27

05 Jun 11:26
Van Breda presented as protective of his sister. Looked up to his brother, Rudi. 

05 Jun 11:26

05 Jun 11:26
Adv Botha said Van Breda maintained innocence throughout. He didn't show emotion, was guarded, understandable as he had been awaiting judgment.

05 Jun 11:20
Adv Botha reads aspects of the report. Van Breda was initially counselled by Nicro (South African National Institute for Crime Prevention and the Reintegration of Offenders)  following the murder of his parents and brother. 

05 Jun 11:19
Pre-sentencing report from Nicro handed up by Advocate Botha. Sources of the information were Van Breda and his girlfriend.

05 Jun 11:17
Advocate 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. 

05 Jun 11:10

05 Jun 11:05

05 Jun 11:03

05 Jun 11:02

05 Jun 11:02
WATCH: Judge Siraj Desai delivers damning Van Breda judgment

05 Jun 11:02

All eyes on Van Breda's sentencing proceedings in the High Court

Sentencing proceedings of convicted murderer Henri van Breda are expected to start in the Western Cape High Court on Tuesday.

Van Breda, 23, was found guilty on May 21 of axing his mother, father and brother to death, attempting to kill his sister and defeating the ends of justice.

The State had disproved his claims that an intruder, who wore a balaclava, gloves and dark clothing, was behind the attack in the family's Stellenbosch home in January 2016.

The case was based on circumstantial evidence.In delivering his judgment, Judge Siraj Desai said the "result is inescapable".


05 Jun 11:02

Henri van Breda guilty of triple axe murders

Henri van Breda has been found guilty on all counts in the Western Cape High Court on Monday.

Van Breda, 23, pleaded not guilty to axing his parents and brother to death, seriously injuring his sister Marli, and defeating the ends of justice.

Judge Siraj Desai found him guilty on all counts.

In handing out his judgment, Desai said, "The result is inescapable."He also said that Van Breda, who was "unimpressive as a witness" must have known what he was doing. 

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