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2022
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[2022] ZANCHC 65
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Brouw v S (K/S 4/2016) [2022] ZANCHC 65 (28 October 2022)
IN
THE HIGH COURT OF SOUTH AFRICA
(NORTHERN
CAPE DIVISION, KIMBERLEY)
CASE
NO.: K/S 4/2016
Date
delivered: 28-10-2022
Reportable:
Yes/No
Circulate
to Judges: Yes/No
Circulate
to Magistrates: Yes/No
In
the matter between:
Gert
Brouw
Applicant
And
The
State
Respondent
CORAM:
WILLIAMS J:
J
U D G M E N T
WILLIAMS
J:
1.
This is an application for leave to
appeal against the sentence of life imprisonment which I imposed on
the applicant after he was
convicted in the Circuit Court held at
Upington on a charge of murder.
2.
The applicant was sentenced on 11 August
2016 and his application was only filed on 29 August 2022, thus
almost 6 years late.
In his application for condonation filed
simultaneously with his application for leave to appeal, he states
that he had been transferred
to Mangaung Correctional Centre after he
was sentenced and could not make contact with his legal
representative. He eventually
applied afresh for legal aid,
which was afforded him during 2019. However further delays were
occasioned by the total lockdown
of prisons as a result of COVID 19
and difficulties in obtaining the transcribed judgments on the merits
and sentence.
3.
Mr Rosenberg for the respondent conceded
the difficulties faced by the applicant and therefore condonation is
hereby granted.
4.
As far as the sentence imposed is
concerned I took into account that the applicant was 27 years old, a
first offender and under
the influence of alcohol when the offence
was committed. However the aggravating circumstances far
outweigh the mitigating
circumstances mentioned above.
5.
The evidence had shown that the
applicant had with the direct intent and premeditation, stabbed the
deceased 37 times. She
was 24 weeks pregnant with the
applicant’s child and 4 of these stabs wounds were to the
abdomen of the deceased. One
of these stab wounds penetrated
into the uterus and through the upper right leg and abdomen of the
unborn child, resulting in the
death of the unborn child as well.
6.
In court the applicant presented a
guilty plea which watered down his actions and painted a picture of
provocation. The evidence
presented by the State after
rejecting his guilty plea painted a different picture. I found
as a result that the applicant
showed no remorse for his deeds.
The attack on the deceased was sustained and he resisted being pulled
away from the deceased.
He showed such utter contempt and
disrespect for the deceased that he in fact turned back and kicked
the deceased while she was
dying.
7.
In the circumstances I was of the view
that there were no substantial and compelling circumstances which
justified a deviation from
the prescribed life imprisonment. I
am further of the view that a court of appeal would not come to a
different conclusion.
In
the circumstances the the application for leave to appeal is
dismissed.
CC
WILLIAMS
JUDGE
For
Applicant:
Mr
P Fourie
Legal
Aid South Africa
For
Respondent: Adv.
J Rosenberg
Office
of the DPP