R v Mgabhi (327 of 2007) [2008] SZHC 162 (22 August 2008)


IN THE HIGH COURT OF SWAZILAND


CRIMINAL CASE No. 327/07

In the matter between

JULUKA SABELO MGABHI

VS

REX

CORAM: S.M MONAGENG J


FOR THE CROWN: MR. P. MDLULI


FOR ACCUSED: PRESENT IN PERSON



SENTENCE

22 AUGUST 2008

[1] The accused was initially charged with murder but

pleaded guilty to culpable homicide which plea was accepted by the Crown.



[2] The facts of this case are quite painful to say the

least. This was a minor girl who had a relationship with the accused and obviously reached a stage where she wanted to terminate the love relationship. This was unacceptable to the accused who used force to resist the termination. He should know that women have a right to do as they please with their feelings and bodies. The way he reacted on mere suspicion that she had another lover induces a sense of shock. He should know that he cannot own another human being.



[3] In anger he hanged her on a tree as punishment

and he should have known that by hanging her she might die, but he recklessly went ahead and hanged her. I have considered that he is a first offender who has pleaded guilty. At the time of the commission of this offence, he was only 19 years old and youthful exuberances could have played a part in the commission of this heinous offence.



[4] He is sentenced to 8 years imprisonment, 2 years

shall be suspended for a period of 3 years, on condition that he is not convicted of any offence of which violence of any nature is an element during the three years.



[5] The sentence shall be back dated to 16th April 2006.

Right of appeal against the sentence only.



S.M MONAGENG

JUDGE

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