All Inmates Are Eligible For Parole After Spending Minimum Sentence Time - Nxumalo

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Supreme Court of Appeal, Registrar's Office

PO Box 258, Bloemfontein, 9300 •clo Elizabeth- &

President Brand Street, Bloemfontein •

•Fax
Tel (051) 4127 400 (051) 4127 449•www.supremecourtofappeal,qov.za

Enquiries: Mr Myburgh Date: 21 January 2021 Ref: 950/2016

REGISTERED MAIL: HIB + U

YOUR REF: CC113/2013

THE REGISTRAR OF THE HIGH COURT

PO BOX X67

PRETORIA

0001

Your ref: Andrea Johnson C12455*MR


YOUR REF:

YAZBEKImn/AD332/16

THE DIRECTOR PUBLIC ATTORNEY FOR RESPONDENT

PROSECUTIONS LOVIUS BLOCK

PRIVATE BAG X300 P.O. BOX 12196

RETORIA 0001 BRANDHOF

9324

JUDGEMENT OF CRIMINAL APPEAL: THE DIRECTOR OF PUBLIC

PROSECUTIONS GAUTENG DIVISION, PRETORIA V OSCAR LEONARD CARL

PISTORIUS

Attached-pieas md opy of the amended judgment order.

.W BURGH (Mr)

STRAR
THE SUPREME COURT OF APPEAL OF SOUTH AFRICA

APPEAL CASE NO: 950/2016

NGHC CASE NO: CC113I2013

2167
BLOEMFONTEIN THURSDAY the DAY OF JANUARY 2021

BEFORE :

THE HONOURABLE MR. JUSTICE BOSIELO JA

THE HONOURABLE MR. JUSTICE SERITI JA

THE HONOURABLE MR. JUSTICE LAMONT AJA

THE HONOURABLE MR. JUSTICE MEYER AJA

THE HONOURABLE MS. JUSTICE MOKGOHLOA AJA

In the appeal:

THE DIRECTOR OF PUBLIC PROSECUTIONS, GAUTENG APPELLANT

and

OSCAR LEONARD CARL PISTORIUS RESPONDENT

Having heard counsel on 03 NOVEMBER 2017 on an appeal from the judgment of

the (North Gauteng Division of the High Court of South Africa, Pretoria, delivered

on 2 NOVEMBER 2016 and having read the record of the proceedings in the said

Court. (Case number CC113/2013) and order was made on 24 November 2017.

It is quite clear from the judgment delivered in para 25 that the court intended to

antedate the sentence to 6 July 2016. Unfortunately the court omitted to include

the antedating of the sentence in the order itself.

The State has consented to the amendment of the order antedate


to the sentence
3

to the said date. No prejudice will be suffered by the Respondent as a result of the

amendment of the order.

The order of the court is therefore amended to reflect the intention of the court to

antedate the sentence by inserting para 4 which will read as follows:

1. The application for leave to appeal is granted.

2. The appeal against sentence is upheld.

3. The sentence imposed by the court a quo in respect of murder is set aside and

substituted with the following:

'The respondent is sentenced to imprisonment for a period of 13 years and five

months.'

4. The sentence is antedated to 6 July 2016.

BY ORD F URT

REGISTRAR

MYBURGH (Mr.)

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