IN
THE HIGH COURT OF SWAZILAND
HELD
AT MBABANE REV. CASE NO. 37/94
THE
KING
vs
SIMON
MBONGENI MVUBU
DISTRICT
OF HHOHHO
ORDER
ON REVIEW
(10/1/95)
The
convictions are confirmed as being in accordance with real and
substantial justice.
The
accused pleaded guilty to each of 2 counts, namely forgery and
uttering. He was a 37 year old school teacher with 3 children. He was
a first offender. Prior to the hearing he had been suspended from
work for 7 months. In his own evidence, he said that he had yielded
to temptation because his father needed an eye operation in South
Africa and his wife had uterine cancer. The prosecution did not seek
to dispute these facts.
The
offences involved a fairly substantial sum of money, i.e. E22 700.00
of which El9 200.00 has not been recovered. Given his personal
circumstances the prospects of full recovery would seem to be low.
2
Nevertheless,
on the whole of the evidence, this is clearly an appropriate case in
which a court should exercise its residual discretion of mercy. There
is no real reason to think the accused will re-offend.
The
learned magistrate imposed a sentence of 2 years imprisonment of
which he suspended conditionally 6 months. The sentence is varied by
increasing the portion of it that is suspended to 15 months. In all
other respects, the sentence is confirmed.
DAVID
HULL
CHIEF
JUSTICE
