‘No remorse shown’: 20-year-old sentenced to 25 years for murder and assault

In a recent ruling at the Northern Cape Division of the High Court of South Africa in Kimberley, Acting Judge Van Tonder sentenced a 20-year-old male to concurrent prison terms for multiple violent crimes, including two murders.

Murder and assault convictions

On 28 January, the accused, identified only as J.L., was convicted on seven charges stemming from three separate violent incidents that occurred between February 2022 and April 2023 in Galeshewe, Northern Cape.

J.L was reportedly 17 when he committed the first three counts of offences, which are murder, and two counts of assault with intent to do grievous bodily harm.

When he turned 18, he committed a further three counts of assault—two with the intent to do grievous bodily harm—and then premeditated murder.

According to court documents, the most serious convictions included the murder of Anthony Brooker at the Chila Mati Tavern on 13 February 2022, and the premeditated murder of 16-year-old T.O. on 29 April 2023.

The latter charge was read with section 51(1) of the Criminal Law Amendment Act, which typically carries a minimum sentence of life imprisonment.

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Court considers age as substantial factor in sentencing

In his judgment, Van Tonder carefully weighed both mitigating and aggravating circumstances before determining the appropriate sentence.

The court noted several mitigating factors, including the accused’s age — he was only 17 years old at the time of the first murder and 18 years old during the second — his lack of previous convictions, his learning disabilities, and 11 months already spent in custody awaiting trial.

“Despite the accused’s propensity to violence, I am of the view that the young age of the accused should be taken into account, together with the fact that he is a first-time offender, as an indication that he may be rehabilitated if given the opportunity,” Van Tonder stated.

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Devastating impact on victims’ families

The court heard compelling evidence about the devastating impact of the crimes, particularly the murders, on the victims’ families.

Brooker’s grandmother was unable to process his death and passed away just three months after his funeral.

The 16-year-old victim of the premeditated murder, T.O., left behind a family in turmoil—his father turned to alcohol and subsequently lost his job, while his brother attempted suicide multiple times.

State Prosecutor Rosenberg emphasised that “the lives of many people were negatively affected by the crimes committed by the accused.”

He argued that despite the accused having been a minor when he committed his first three crimes, he still had to be removed from society for an extended period of time.

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No remorse shown for assault and murder

The pre-sentencing report indicated that the accused showed no remorse for his actions and refused to accept responsibility.

Both the families of the deceased and assault victims advocated for a prison sentence.

In the case of T.O.’s murder, the court heard that the victim “was merely standing at the gate in front of his yard, without any threat, animosity or argument with the accused” when he was killed.

Legal considerations for sentencing

Van Tonder cited established legal principles in his sentencing decision, including the “triad consisting of the crime, the offender and the interest of the society” as outlined in previous Supreme Court of Appeal decisions.

While acknowledging the serious nature of the crimes and the prescribed minimum sentences, the judge determined that there were “substantial and compelling circumstances” justifying a lesser sentence than life imprisonment for the premeditated murder charge.

Quoting previous case law, Van Tonder noted: “The fact that the offender is young and is a first offender has the effect of reducing a sentence, as there is potential for the offender not to repeat the crime and to be rehabilitated.”

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Final sentences

The court ultimately sentenced the accused to 15 years direct imprisonment for the murder of Anthony Brooker and 25 years for the premeditated murder of T.O., with lesser concurrent terms for the assault charges.

All sentences will run concurrently, effectively meaning the accused will serve a 25-year prison term.

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