Criminal Procedure – Sentence – Murder - Assault with intent to do grievous bodily harm; common assault, read with the Combating of Domestic Violence Act 4 of 2003 – Escape from lawful custody – Objectives of sentencing – Personal circumstances – First offender – Proclaimed remorse by tendering a guilty plea – Accused testified in mitigation – Remorse by tendering a guilty plea found not genuine – Alleged drunkenness as a mitigating factor for purposes of sentencing – Interests of society – Crimes committed within a domestic setting call for deterrent sentences – Principle of individualisation when punishment is meted out – Accused murdered his 10 month old son – Taking a life of an innoc

Criminal law – Private defence – Accused no 2 said that whilst wrestling for possession of the firearm a shot accidentally went off – Accused further narrates that shot went off because deceased had finger on the trigger whilst barrel of firearm pointing to his abdomen –– Expert evidence established that it is impossible for the deceased to hold one finger on the trigger whilst the rifle was pointed at the deceased’s abdomen – Evidence of expert not rebutted.