Shepard was yesterday sentenced to three years in jail for his involvement in the killing of Brett Williams.
The former Royal Marine was beaten to death outside Durban's Kings Park stadium in March 2013.
Levitt said considering the offense the only appropriate sentence is one of direct imprisonment.
In submitting their application for leave to appeal, advocate Christo van Schalkwyk - representing Shepard - listed 25 grounds where the defense feels the Magistrate erred in the law.
He argued that there are reasonable prospects that another court could reach a different conclusion. Shepard's bail of R5000 has been extended pending the appeal.
Speaking outside court, the National Prosecuting Authority's Natasha Ramkison-Kara says they welcome the sentence.
"We see the sentence as befitting given the offence that was committed. We also think the sentence serves as a reassurance to visitors to the country that they are protected by the laws of the country as well as the constitution," she said.
(Photo: Gallo Images)
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