The Gauteng Division High Court upheld an appeal by the Director of Public Prosecutions (DPP) against the “shockingly inappropriate” sentence imposed on Kruger after he shot his son dead after allegedly mistaking him for a burglar.
The shooting occurred on 22 March 2019 when Coert Jr broke into a house on his smallholding near Vanderbijlpark.
Kruger reacted to an alarm activation at his mother’s house and met the security guard who had called him earlier.
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He told the court that they both spotted a person on the roof of the house and Kruger immediately opened fire, accidentally killing his son.
Kruger was cautioned and discharged by the regional court on September 13 2019 without serving any jail time after pleading guilty to killing his son.
According to the National Prosecuting Authority spokesperson Phindi Mjonondwane the state’s appeal was based on the premise of misdirection and it further held the view that the trial court had imposed a sentence that was “shockingly inappropriate”.
“Though the court was of the view that a non-custodial sentence was unwarranted, it also held a view that a long sentence would also not be appropriate as court’s decisions must also have an element of mercy,” said Mjonondwane.
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“The court ruled that, under the circumstances, a sentence of eight (8) years imprisonment, wholly suspended for 5 years on condition that the respondent is not convicted of a crime of murder, is an appropriate sentence,” adds Mjonondwane.
According to Vanderbijlpark police spokesperson Sergeant Gertrude Makhale, Kruger was arrested before his son’s corpse could be removed from the roof.
