THE HIGH COURT OF SWAZILAND
the matter between:
J.M. MATSEBULA A.J.
MISS S. NDERI FOR THE DEFENCE
MR. P. SMITH
accused has pleaded guilty to culpable homicide and has been found
guilty of culpable homicide.
court has been given facts and circumstances leading to the death of
the deceased. The court takes into account what has been said by Mr.
Smith that to a larger extent the deceased was the aggressor and that
all the people who were at that homestead were consuming liquor and
from the behaviour of the deceased it would seem that he must have
consumed a considerable amount of liquor. But the court has also, to
take into account the interest of the society and the only way that a
clear message can be sent and be obtained by people who go about
carrying knives and
them; is that the person who is convicted must be made to understand
that the society values life not lightly. Having said that I do not
agree with Mr. Smith that the sentence should be wholly suspended or
be given an option of a fine.
court takes into account the factors in your favour that Mr. Smith
mentioned namely, that you are first offender and that the deceased
was the aggressor. Taking all these factors into account the court
feels that the sentence of three years imprisonment would be an
appropriate one. The court will suspend half of the sentence for a
period of three years on condition you are not during the period of
suspension convicted of any crime of which assault is an element.
This sentence is backdated to the 1st October 1995 the date on which
the offence took place.