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TH E HIGH COUR T O F SWAZILAND
HEL D A T MBABAN E CRIMINA L CAS E NO . 130/200 5
I n th e matte r betwee n
RE X
V
OBE D MBAZ O SIMELAN E
Cora m
Fo r th e Crow n
Fo r th e Accuse d
Banda , C J Mr . Fakudz e
Unrepresente d
JUDGMEN T
[1] The accused was originally charged with two counts, one of attempted murder and robbery. At the beginning of the trial learned counsel for the Crown informed the
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court that the Crown was withdrawing the charge of attempted murder. The accused was accordingly discharged and acquitted of the offence of attempted murder.
[2] The accused offered to plead guilty to the charge of robbery. Learned counsel for the Crown accepted the plea and he read a statement of agreed facts as part of his case. Th e accused accepted the facts and was found guilty on his own plea and was convicted.
[3] The accused is a first offender and has been in custody since his arrest on 3 r d
complete remorse for what he did and has promised to be of good behaviour and not to commit any further offences. He informed the court that he has young children at home who are in the care of his old mother. His father passed away. I have considered these points in mitigation of sentence. The offence of robbery which he committed was not a very serious one and the period of four years which he has spent on remand is, in my judgment, sufficient punishment for the offence he committed. In the circumstances the accused is
sentenced to a term of imprisonment of four (4) years to take effect from the he was taken into custody. The effect of this sentence is
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that the accused will be released from prison in the nearfuture.Pronounced
