THE COURT OF APPEAL OF SWAZILAND
the matter between:
: BROWDE J.A.
appellant in this matter was convicted of murder and was sentenced to
10 years imprisonment backdated to the 31st October 1999. It is clear
from the evidence that the appellant caused the death of the deceased
and that he acted unlawfully in doing so.
appears however from the evidence that the appellant had been
drinking liquor most of the day in question, and he might have been
strongly under the influence of liquor when he committed the offence.
The appellant who appears in person at this appeal has submitted that
he should have been found guilty of culpable homicide and not murder
in the circumstances. This is conceded by the Crown. The appellant
had no further submissions to make in respect to his conviction.
the question of sentence he submitted that the sentence was excessive
and should be reduced in any case if his conviction is reduced from
murder to culpable homicide. It
also that the trial judge erred in the backdating of the sentence.
The sentence was backdated to 31st October 1999, but the appellant
was in fact arrested on the 31st October 1998, and has been in
custody since that date.
have considered the question of sentence in the light of the
reduction of the conviction from murder to culpable homicide and we
have come to the conclusion that a fitting sentence will be one of 7
years imprisonment. We also consider that the sentence should be
backdated to 31st October 1998.
the result then the appellant's appeal succeeds. The conviction for
murder is set aside and is substituted by a conviction of culpable
homicide. The sentence imposed by the trial judge is also set aside
and is substituted by a sentence of 7 years imprisonment, backdated
to 31st October 1998.
on this 4th November 2002