IN
THE HIGH COURT OF SWAZILAND
IN
THE MATTER BETWEEN
:
CRIM. CASE NO. 144/98
REX
Vs
RUEBEN
SILINDZA
CORAM
: MATSEBULA
J
FOR
THE CROWN ; MR. M. NSIBANDZE
FOR
THE ACCUSED : MR. G.
MASUKU
JUDGEMENT
26/04/99
You
have been convicted of culpable homicide not murder. It is a lesser
crime and the sentence is also less severe than in murder but all the
same you killed a human being and you should be dealt with
accordingly. There is also a factor of your age and I have asked your
counsel to find out some authority dealing with a person who commits
a serious crime at the age of 16.
JUDGEMENT
ON SENTENCE
You
have been convicted of a very serious crime notwithstanding that it
has been reduced
to
culpable homicide and accepted by the Crown as such. It is serious in
the sense that
1
you
have taken a life of a human being and the Court views such cases in
a very serious light.
I
have listened to Mr. Masuku on your behalf and Mr. Nsibandze has also
been very helpful. He has told the Court that your parents have sent
a word to him that you should be treated leniently because of your
age.
I
have taken into account as pointed out by Mr. Masuku, correctly in my
view, that you committed this crime while you were still a juvenile.
Also, the fact that you were not just a person who was loafing about
but you were in gainful employment and in that way you were
contributing to the peace and stability of this country. And the fact
that the person you killed is your relative will, according to human
experience live with you for the rest of your life. Mr. Masuku told
the court that you are very remorseful of what you did. I do not know
to what extend should I take into account that you were under the
influence of liquor because that helps you in so far as the intention
is concerned. I have also taken into account that the deceased was
not an innocent person in this matter but nevertheless you have
killed him. He left his wife and possibly some dependants and you are
not going to be in a position to assist them financially or
otherwise.
This
Court has time and again, warned people especially of your age never
to carry knives when they are going to drink and that when there is a
quarrel they should never resort to knives. There is absolutely
nothing wrong with young people fighting with their clenched fists or
as it used to happen, with sticks. That is generally accepted
practice especially in Swaziland. The use of knives is so rapid that
it is high time people who use knives to kill others are not treated
leniently.
Although
I have taken all these factors in your favour I have a duty as a
Court to pass a sentence that will send a clear message to other
people who might be tempted to use knives. If they do, they should
know that they would never get a wholly suspended sentence
notwithstanding other mitigating factors. But as we always say, each
case is
2
treated
on its own merit and similarly in your particular case the Court will
treat it likewise.
Having
considered all these factors the Court feels the following sentence
will be an appropriate one:
"You
will be sentenced for an imprisonment for five (5) years, three (3)
of which will be suspended for a period of 3 (three) years on
condition that you do not commit any offence of which violence is an
element for which you will be sentenced to an imprisonment without an
option of a fine, committed during the period of suspension. The
sentence will be backdated to 26th March 1998."
J.
M. MATSEBULA
JUDGE
3
