Rex v Mthembu (158 of 2022) [2021] SZHC 2026 (26 June 2021)


Criminal law-Criminal Procedure-accused charged with attempted murder-the accused pleaded guilty to the charge-evidence of the complainant and of a doctor who explain the contents of the medical report was led-other evidence of witnesses who were present at the scene when the accused assaulted the complainant was heard by the Court-The Court also heard the evidence of a member of the community police-A statement of agreed facts was prepared and with the consent of both parties, was handed into Court-Section 155 of the Criminal Procedure and Evidence Act 1938 was invoked-the accused was accordingly convicted on the basis of his own plea and on the content of the statement of agreed facts-Evidence in mitigation of sentence was evaluated in light of the 'triad' principle-attempted murder found to be a serious offence-accused sentenced to a term of eight years imprisonment.

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