R v Mabuza (194 of 2006) [2006] SZHC 155 (6 November 2006)


IN THE HIGH COURT OF SWAZILAND

HELD AT MBABANE

CRIMINAL CASE NO. 194/06

In the matter between:



REX

V

THULANI MARTIN MABUZA

CORAM: Q.M. MABUZA -J

FOR THE CROWN: MR. S. FAKUDZE

FOR THE ACCUSED : MR. L. GAMA




JUDGMENT ON SENTENCE 6/11/06



[1] I have taken your personal circumstances into account as presented to me by your attorney Mr. Gama.



[2] I have also looked at the crime itself. According to the evidence you were the aggressor you wanted other people's alcohol by force and when they protested you threatened them.



[3] You fatally stabbed Maria Nkambule a woman who was 53 years old. She was old enough to be your mother. You also stabbed her male companion. You are lucky he lived.



[4] I have also considered the interests of society. They tell me you come from Lavumisa but they did not tell me what you were doing at Mhhobodleni in Manzini. If you are removed from society it will give you time to think while you are in prison and it will hopefully teach people like you a lesson that the courts are serious about this random killings at drinking spots.



[5] In Count 1 you are sentenced to 10 years imprisonment 1 year of which is suspended for 3 years on condition that you are not convicted of any offence of which assault is an element during the period.



[6] In Count 2 you are sentenced to 6 months imprisonment.


[7] The two sentences are to run concurrently. The two sentences are backdated to 17/8/05.


Q.M. MABUZA -J

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