Court name
High Court of eSwatini
Case number
126 of 2003

S v Masimula and Another (126 of 2003) [2004] SZHC 33 (29 March 2004);

Law report citations
Media neutral citation
[2004] SZHC 33

 

IN THE HIGH COURT OF SWAZILAND

 

HELD AT MBABANE

CRIMINAL CASE NO. 126/2003

 

In the matter between:

REX

VERSUS

 

NHLONIPHO MASIMULA NCAMISO NGCAMPHALALA

 

CORAM

SHABANGU AJ

 



 

 

FOR CROWN FOR ACCUSED

S. FAKUDZE B. SIMELANE

 

JUDGEMENT

_________________________________ 29th March, 2004___________________________________

You have been convicted of culpable homicide. It is a serious offence. Any sentence passed would have to reflect the interest of society in ensuring that the citizens of this country are protected from people with violent propensity. Taking into account the circumstances surrounding the commission of the offence, I take into account that the deceased was a much younger person than yourselves. And having regard to the postmortem report it seems to me that the force that was used was too much. I will also take into account that you are first offenders and that you have been in custody since 19* February, 2003. It seems to me that an appropriate sentence will be 5 years imprisonment. Two years of which is suspended for three years on condition that you are not found guilty of an offence during the period of suspension in respect which violence

 



 

 

 

~s an element.  Your

,003                             - * * - <° *e date0?yourarres[ ^

ACTING JUDGE