THE HIGH COURT OF SWAZILAND
HELD AT MBABANE Crim. Appeal No. 2/2009
In the matter between
AMOS SIPHAKAHLA DLAMINI
vs
REX
Coram Banda, CJ
Mabuza, J
For Appellant L. Hlophe
For the Crown Present in person
JUDGMENT
BANDA, CJ
[1] The appellant was convicted on charges of rape, common assault and theft by the Magistrate's Court
Manzini. He was sentenced to a total term of imprisonment of eight (8) years.
[2] The appellant's appeal is against sentence and the only point he has taken on appeal is to contend that the sentence should take effect from the date of his arrest. The trial court had, in fact, ordered that the sentences should take effect from the date of his arrest. Ms Hlophe, learned counsel for the Crown, has informed this court that the committal warrant did not reflect the trial court's order that the sentences should take effect from the date of the appellant's arrest. In order to correct that omission it is now ordered that the appellant's sentences in criminal case no. ML 16/07 should take effect from 4th February 2007. This order should be sent to the Correctional Services Centre where the appellant is held.
Pronounced in open court on 21 August 2009 sitting at Mbabane
BANDA CJ
I agree
MABUZA, J