Cape Town - The Supreme Court of Appeal (SCA) has upheld an appeal against a decision of the Western Cape High Court to continue imposing an indeterminate sentence on a “dangerous criminal” with ties to the 28s gang, and has ordered the court to hear a reconsideration of sentence by May 15.
The appellant in the case, Brannon Petersen, was convicted by the high court in Cape Town on August 11, 1998, of crimes committed when he was 18 and 19 years old, respectively.
At his trial Petersen pleaded guilty to the rape of an 8-year-old girl (count 1), and the rape and murder of a 9 -year-old girl (counts 2 and 3 respectively).
The trial court received three expert reports – two of specialist psychiatrists and one of a clinical psychologist – that were submitted to the court. The reports said there was a significant risk of recidivism.
In labelling him a dangerous criminal who posed a risk to the community, the court took into consideration the murder and that Petersen related his story coldly with “an alarming lack of remorse”.
With that the court sentenced him to “an indeterminate period of imprisonment” while setting the period after which Petersen could be brought back to court for reconsideration of his indeterminate sentence at 17 years.
The period of 17 years expired in 2015 and on December 7, 2015, the proceedings commenced before a different judge who ordered that jail for an indeterminate period must be confirmed and that Petersen should be brought before court on or before December 7, 2018.
On December 6, 2018, just before the expiry of the three-year period, Petersen was duly brought before court for the second reconsideration of his sentence. Again, the same judge presided over the matter.
After various postponements, on August 29, 2019, 22 years after the initial sentence, the judge ordered further detention for a period of five years.
This came after hearing evidence from a clinical psychologist, Lin Hanekom, and social work manager, Anneke Myburgh, both employed by the Department of Correctional Services and who testified for the State.
Hanekom’s evidence was that Petersen was not a suitable candidate for correctional supervision because he was unable to give up his daily use of cannabis. Traces of heroin had also been found in his urine a month earlier.
Also, Petersen was a high-ranking member of the 28s gang, that operates both inside and outside prison and there were fears he would be drawn into the gang once he was out of prison.
On February 4, 2021, the SCA granted leave to appeal against the sentence and found that there were several glaring irregularities with the procedure followed by the high court.
The SCA said the court had failed to give reasons for its declaration that Petersen was a dangerous criminal and that no report of a parole board was placed before the court and on these grounds, alone, the high court order was set aside.