Court reduces five-year sentence for man who accidentally shot friend
A young man, who accidentally shot his friend at the age of 18, has successfully appealed his five-year sentence, highlighting the complexities of culpable homicide and firearm offences.
Image: File
A man who was 18-years-old when he “accidentally” shot and killed his friend and was sentenced to five years, appeal was upheld, setting aside the regional court's sentence at the Western Cape High Court and substituting it.
According to court documents, a statement tendered in support of the man’s plea of guilt, he stated that on the day in question, October 17, 2016, he was sitting with friends at one of their homes.
One of the friends in the group produced a firearm which he had recently acquired. The man further explained that he was intrigued as he never previously handled a real firearm and asked to see it.
The appeal was heard by Judge Gayaat Da Silva Salie who delivered judgment on March 13.
“He stated that he was warned by his friends to handle the firearm carefully,” she said.
“While holding the firearm and playing with it, a shot discharged. The bullet struck the deceased who had been seated next to him. He realised that he had shot his friend when he saw blood and the deceased told him that he had been shot. The appellant went into a state of shock and disbelief.”
The documents further detail that his personal circumstances included that he was 18 at the time of the offence and was a first offender. Also that he had spent approximately two years in custody awaiting trial. At the time of sentencing, he was 26 years old with three minor children and that he did not waste the courts time by pleading guilty.
In detailing the sentence, the court said it acknowledged that the incident occurred in the spur of the moment for which the prosecution proceeded on a charge of culpable homicide rather than murder.
The court however emphasised the prevalence of firearm offences and that the circumstances of the matter warranted a custodial sentence to satisfy the interests of society and the demands of retribution.
The judge upheld the appeal against the sentence, setting aside the regional court's sentence and substituting it with the following: five years' imprisonment for culpable homicide (Count 1), five years for unlawful possession of a firearm (Count 2), and three years for unlawful possession of ammunition (Count 3), all in terms of section 276(1)(i) of the Criminal Procedure Act 51 of 1977. Counts 2 and 3 will run concurrently with Count 1, resulting in an effective five-year sentence, antedated to May 28, 2025.
The Chief Registrar was directed to bring this judgment to the attention of the Head of Brandvlei Correctional Centre and the relevant Case Management Committee within three days.
“A young life was lost and the suffering experienced by the family of the deceased is both profound and enduring,” the judge said in closing.
“The effective sentence of five years’ imprisonment remains a substantial custodial punishment, reflecting the seriousness of the offence and on these facts, meet the objectives of sentencing.”
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