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10 months agoThat’s exactly what the state bungled up.
The state could have got a premeditated murder charge out of this which would have required him to be sentenced to life in prison. Some of the facts the state presented in the first trial should raise the question of premeditation.
The State proved its case of intention to kill, yes dolus directus vs dolus eventualis but couldn’t prove premeditation. Therefore minimum sentencing guideline of 15 years applied.
Premeditation doesn’t necessarily mean the murder has to be planned, but all planned murders are premeditated. You can read more about here:
https://www.derebus.org.za/murder-intention-premeditation-pre-planned-what-does-it-all-mean/
The lengths some people go to defend criminals is worrying. Dude proved he hasn’t reformed by leaping across the bench and attacking the judge sentencing him, after pleading his case talking about how he is reformed, and you’re still trying to defend him.
Perhaps consider the impact this clearly unreformed criminal will have on the impact of society and perhaps his other future victims.