Man jailed for accidentally shooting friend nearly 10 years ago wins appeal

2026-03-26 - 12:21

Nearly a decade after a fatal shooting, the Western Cape High Court in Cape Town has upheld an appeal by a man convicted of culpable homicide, ruling that his original sentence should now be served under correctional supervision. Marcelino Hammond was sentenced in May 2025 by the Blue Downs Regional Court to an effective five-year prison term after pleading guilty to culpable homicide, as well as additional charges of unlawful possession of a firearm and ammunition. The court ordered that all sentences run concurrently. However, Hammond challenged the sentence, arguing that the trial court failed to properly consider key personal factors. In June 2025, he was granted leave to appeal, seeking either a reduced prison term or a non-custodial sentence. Firearm curiosity leads to death The case stems from an incident on 17 October 2016, when Hammond, then 18, was socialising with friends. During the gathering, one of the friends produced a firearm he had recently acquired. Hammond, who had never handled a real firearm before, asked to see it. While examining and playing with the weapon, it discharged. The bullet fatally struck a friend seated next to him. ALSO READ: Appeal denied: Lesotho national fails to overturn life sentence after tavern murder Hammond later told the court he was a first-time offender at the time and also spent around two years in custody awaiting trial. By the time of sentencing, he was 26 years old and had three minor children. Although the state opposed the appeal, it acknowledged that, given the circumstances, a lesser sentence could be justified. Western Cape High Court ruling In her ruling, Judge Gayaat Salie Da Silva took issue with how the regional court interpreted the evidence during sentencing, particularly the suggestion that Hammond and his friends may have intended to use the firearm for criminal purposes. “The admitted facts reflect that the firearm belonged to a friend and that the appellant merely asked to see it out of curiosity while they were seated together. “There was no evidence before the sentencing court that the appellant intended to use the firearm for criminal activity,” the judgment reads. Salie Da Silva highlighted Hammond’s age at the time of the incident, describing it as a critical mitigating factor. “Youthfulness is a recognised mitigating factor because it may reduce moral blameworthiness and enhance prospects of rehabilitation,” she said. READ MORE: KZN man sentenced to double life for killing two siblings over livestock dispute The court also pointed that Hammond had no prior convictions and had been employed before sentencing. She further said two correctional services reports compiled in 2024 had not been taken into account by the regional court. Another important consideration was the stance of the victim’s family. “It was furthermore not disputed by the prosecution that the mother of the deceased had conveyed that she had forgiven the appellant for his actions which caused the loss of her son. “These considerations, while not diminishing the gravity of the loss suffered, are factors that would be appropriate to consider in the sentencing process.” Correctional supervision ordered Salie Da Silva ruled that Hammond should continue serving his sentence under correctional supervision in terms of Section 276(1)(i) of the Criminal Procedure Act, given that he had already served nearly 10 months of his sentence since 28 May 2025. “The effective sentence of five years’ imprisonment remains a substantial custodial punishment, reflects the seriousness of the offence and on these facts, meets the objectives of sentencing.” The court ordered that its ruling be forwarded to the Brandvlei Correctional Facility, where Hammond is being held, as well as to the Department of Correctional Services’ case management committee. NOW READ: Eastern Cape parolee sentenced to 25 years in prison for killing girlfriend