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 S. FAKUDZE
FOR ACCUSED 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 19th 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
Is an element. Your sentence will be back dated to the date of your arrest which is the 19th February, 2003.
ALEX ST SHABANGU
ACTING JUDGE