Court name
High Court of eSwatini
Case number
179 of 2017

Rex v Mamba (179 of 2017) [2021] SZHC 5 (09 February 2021);

Law report citations
Media neutral citation
[2021] SZHC 5
Coram
Fakudze, J

 

IN THE HIGH COURT OF ESWATINI

                 JUDGMENT

Held at Mbabane       Case No. 179/17

In the matter between:

REX

AND

NKOSINATHI MAMBA

Neutral citation: Rex vs Nkosinathi Mamba [179/17] [2021] SZHC 05 (9th February 2021)

Coram: FAKUDZE, J

Heard:  2nd February, 2021

Delivered:  9th February, 2021

 

 

 

SENTENCE

[1] The accused was convicted of the crime of culpable homicide.  This was on  the 10th December, 2020.  A statement of Agreed Facts had been prepared by  the Crown and the Accused’s Attorney.

 

[2] The court is now called upon to determine the appropriate sentence.

 

[3] The issue of sentencing must be approached with great care.  This is because  there are three interests that must be considered when it comes to  sentencing; (a) the interests of the individual or individuals where more than  one individual is concerned; (b) the interests of the community; and (c) the  offence itself.

 

[4] In the case of Sifiso Malaza and Others v Rex, Criminal Appeal No.  30/2010, His Lordship Ramodibedi C.J, as He then was, summarised the  above mentioned considerations in sentencing at page 13 as follows:

  “It is of critical importance that the sentencing of an accused person    should be premised on a thorough investigation of all the relevant    facts surrounding the commission of the offence.  The personal     circumstances of an accused person obviously need to be taken into    account.  However the degree of his moral guilt is also dependant on     the gravity of the offence as well as the mitigating and the     aggravating features of the offence.  If the court process does not    elucidate these factors, the court sentencing the offender may fail to    do justice to an accused or per contra fail to ensure the protection of    the public.”

 

[5] In applying the abovementioned considerations with respect to the present  case, as far as the accused person is concerned, I have taken into account  that:

 (a) The accused had pleaded guilty to the offence of culpable homicide.     The court’s time has not been wasted;

 (b) The accused is remorseful for his action; he never thought the     deceased would die from what he had done;

 (c) The accused is a first offender;

 (d) The accused is relatively young; and

 (e) The accused was intoxicated on the day of the killing of the deceased.

 

[6] As far as the offence is concerned, I have taken into account the following:

 (a) the accused has been convicted of a serious offence;

 (b) In the statement of Agreed Facts, the accused admitted that he caused    severe wounds on the deceased’s head by using a beer bottle and fists;   and

 (c) There were also injuries in various parts of the body.

[7] As far as the interests of society are concerned, I have taken into account  that an innocent soul was lost as a result of the offence that was committed  by the accused.

 

[8] In totality of the abovementioned factors, the accused is sentenced to  imprisonment for a period of seven (7) years, four of which are suspended  for five (5) years on condition that the accused is not convicted of an offence  involving violence during the period of suspension.  The period the accused  spent in custody (if any) prior to him being released on bail is to be taken  into account in computing the period of imprisonment.

 

___________________

FAKUDZE J.

JUDGE OF THE HIGH COURT

 

Rex:   B. Magagula

Accused:  B. J. Simelane