Azbubu
Honorary Master
You started your sentence with a small letter. That's a capital crime.
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Coffin assault trial
- Thread starter schumi
- Start date
You started your sentence with a small letter. That's a capital crime.
SkippyRamirez
Expert Member
Those sentences are ludicrous.
TheChamp
Honorary Master
:crylaugh:
ForceFate
Honorary Master
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Like the good lads at John Vorster Square and Vlakplaas?
They should have killed the bastard thief , at least then they would deserve a long sentence. , what they did was cruel but does not warrant a 11 and 14 year sentence , cold blooded killers are getting lesser sentences.
everyone will say but the poor victim , this incident is the best thing to ever happen to the guy , look at how he lived and the clothes he had before and look at him now , properly dressed , properly fed and he even has a job and a trust fund for himself , not bad for a copper thief skabango.
everyone will say but the poor victim , this incident is the best thing to ever happen to the guy , look at how he lived and the clothes he had before and look at him now , properly dressed , properly fed and he even has a job and a trust fund for himself , not bad for a copper thief skabango.
Coffin assault duo will approach SCA to challenge sentences
Pretoria – Convicted coffin assault duo Willem Oosthuizen and Theo Jackson will file an application for leave to appeal their sentences in the Supreme Court of Appeal next week, a legal representative announced on Thursday.
The decision to challenge the sentence comes after Judge Segopotje Mphahlele dismissed the pair's leave to appeal following her judgment in the High Court sitting in the Middelburg Magistrate's Court last month.
"We will arrange to get the papers signed on Monday or latest Tuesday," Oosthuizen's attorney Marius Coertze told reporters.
He was speaking shortly after Oosthuizen and Jackson's appearance in the North Gauteng High Court in Pretoria on Thursday.
On Thursday Mphahlele amended the period of suspension for a portion of the men's sentences from eight years to five years.
Originally, Oosthuizen was sentenced to 16 years in prison, five of which were suspended for eight years on condition that he's not found guilty of any other offense. Jackson was sentenced to a 19-year-jail term, also with five years suspended for eight years.
Changes to judgment to be appealed
The men who forced Victor Mlotshwa into a coffin will still, however, spend an effective 11 years and 14 years, respectively, behind bars.
"You cannot change the judgment you made previously in this way. So we will also take this irregularity into appeal," said Coertze.
He said the pair had been kept in the sick bay of the Witbank Correctional Services facility since their sentencing.
"The prison authority said the warrants had been wrongly signed. Apparently, it was signed for 23 and 27 years, respectively, instead of 11 and 14," he said.
During sentencing, Mphahlele said the conduct of the two men was "humiliating and disgusting".
They had forced Mlotshwa into a coffin and threatened to pour petrol on him.
Pair's conduct 'against spirit of Constitution'
The incident was filmed and when the video went viral on social media, it sparked an outcry and demands for justice.
Mphahlele said the duo's conduct went against the spirit of the Constitution.
The pair's bail was revoked shortly after sentencing and Mphahlele dismissed their application for leave to appeal their jail sentences.
Jackson and Oosthuizen, who were convicted of assault, attempted murder, kidnapping and intimidation, tried to remain composed when their sentences were handed down.
They briefly held their relatives' hands as they were led down to the cells.
During their trial, the two men argued that they had to act when Mlotshwa allegedly threatened to burn their crops and murder their wives and children.
Assaulted with knobkerrie
They claimed to have caught Mlotshwa stealing copper in late 2016.
During his testimony, Jackson told the court that he was told to "get rid" of the coffin because it was causing trouble.
The coffin would have been used as crucial evidence in the case.
During his evidence-in-chief, led by his lawyer Org Basson, Jackson said he never considered what they did to Mlotshwa as wrong.
Mlotshwa had previously testified that Jackson hit him with a knobkerrie all over his body, but "mostly on the back".
He also said the two had used cable ties to restrain him.
News24
https://www.news24.com/SouthAfrica/...-approach-sca-to-challenge-sentences-20171109
[video=youtube;yjCzwBDQcz4]https://www.youtube.com/watch?v=yjCzwBDQcz4[/video]
Pretoria – Convicted coffin assault duo Willem Oosthuizen and Theo Jackson will file an application for leave to appeal their sentences in the Supreme Court of Appeal next week, a legal representative announced on Thursday.
The decision to challenge the sentence comes after Judge Segopotje Mphahlele dismissed the pair's leave to appeal following her judgment in the High Court sitting in the Middelburg Magistrate's Court last month.
"We will arrange to get the papers signed on Monday or latest Tuesday," Oosthuizen's attorney Marius Coertze told reporters.
He was speaking shortly after Oosthuizen and Jackson's appearance in the North Gauteng High Court in Pretoria on Thursday.
On Thursday Mphahlele amended the period of suspension for a portion of the men's sentences from eight years to five years.
Originally, Oosthuizen was sentenced to 16 years in prison, five of which were suspended for eight years on condition that he's not found guilty of any other offense. Jackson was sentenced to a 19-year-jail term, also with five years suspended for eight years.
Changes to judgment to be appealed
The men who forced Victor Mlotshwa into a coffin will still, however, spend an effective 11 years and 14 years, respectively, behind bars.
"You cannot change the judgment you made previously in this way. So we will also take this irregularity into appeal," said Coertze.
He said the pair had been kept in the sick bay of the Witbank Correctional Services facility since their sentencing.
"The prison authority said the warrants had been wrongly signed. Apparently, it was signed for 23 and 27 years, respectively, instead of 11 and 14," he said.
During sentencing, Mphahlele said the conduct of the two men was "humiliating and disgusting".
They had forced Mlotshwa into a coffin and threatened to pour petrol on him.
Pair's conduct 'against spirit of Constitution'
The incident was filmed and when the video went viral on social media, it sparked an outcry and demands for justice.
Mphahlele said the duo's conduct went against the spirit of the Constitution.
The pair's bail was revoked shortly after sentencing and Mphahlele dismissed their application for leave to appeal their jail sentences.
Jackson and Oosthuizen, who were convicted of assault, attempted murder, kidnapping and intimidation, tried to remain composed when their sentences were handed down.
They briefly held their relatives' hands as they were led down to the cells.
During their trial, the two men argued that they had to act when Mlotshwa allegedly threatened to burn their crops and murder their wives and children.
Assaulted with knobkerrie
They claimed to have caught Mlotshwa stealing copper in late 2016.
During his testimony, Jackson told the court that he was told to "get rid" of the coffin because it was causing trouble.
The coffin would have been used as crucial evidence in the case.
During his evidence-in-chief, led by his lawyer Org Basson, Jackson said he never considered what they did to Mlotshwa as wrong.
Mlotshwa had previously testified that Jackson hit him with a knobkerrie all over his body, but "mostly on the back".
He also said the two had used cable ties to restrain him.
News24
https://www.news24.com/SouthAfrica/...-approach-sca-to-challenge-sentences-20171109
[video=youtube;yjCzwBDQcz4]https://www.youtube.com/watch?v=yjCzwBDQcz4[/video]
Saber_rider45
Banned
Parents did a good job raising these ones
How it should be - judge doesn't seem to be very good at being a judge.
I don't agree with what they did - but - I can tell you I would probably beat someone senseless (at best) if I found them in my house stealing - irrelevant of colour.
C4Cat
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I just don't get why so many here assume he was guilty of stealing when there is no evidence of this whatsoever.
NarrowBandFtw
Honorary Master
There's also no evidence whatsoever of them intending to actually kill the guy, yet they've been found guilty of that in a court of law ...
My comment is based on that... although, even if he wasn't - the sentence is still insane for the crime... murderers get less, all it tells me is that I must make sure someone is dead.
F
Former member 61586
Guest
Because they caught him before he could get away.
Hemi300c
Honorary Master
Mephisto_Helix
Resident Postwhore
not sure if serious ...... but it's you so serious it is
Kloofvreter
Honorary Master
Yep, it's serious. Also obviously find the sentences justified.
Saber_rider45
Banned
Innocent until proven guilty perhaps? unfortunately tweedledum and tweedledee tank their own case.
Kloofvreter
Honorary Master
Yeah. Guilty.
But 10+ years for both? :erm: They didn't kill anyone. Only hurt the poor pansy's feelings.
C4Cat
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Yes, I'm serious - with you guys it's always innocent until proven guilty unless the person is poor and non-white.
Are you aware of any evidence of theft?
C4Cat
Honorary Master
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What they did was insane too so perhaps the sentence is apt.