Car thief’s appeal dismissed
A man sentenced to 10 years in prison for car theft apparently pleaded guilty at the start of his trial, but a magistrate's court then allegedly changed his plea, and he was consequently sentenced to 10 years in prison.
Sikopo Jacob Mukendwa recently appealed against his sentence and requested that it be shortened or that he be only fined. However, his case was struck off the roll on Monday after his legal representative conceded that the appeal application was flawed and did not include any valid grounds for appeal.
In court documents, he said he did not want to waste the court's time and therefore pleaded guilty, but the court apparently changed it to not guilty and recorded it as such. The State also confirmed these events in its court documents.
First-time offender
Mukendwa was sentenced on 14 August 2020 in the Katima Mulilo Magistrate's Court.
The grounds for his appeal, which he brought before the High Court, are that he is a first-time offender as well as the parent of three children under the age of 12. The mother of his children is said to have died, and Mukendwa is taking care of them alone. According to court documents, he is also HIV-positive.
"The court knew he was a first-time offender and that he initially pleaded guilty and showed remorse, but the court still decided that he committed a crime that carries serious consequences," the State said in its court documents.
The vehicle Mukendwa stole on 25 September 2016 was found two months later in Zambia. It was, however, no longer in working condition.
Sentence
Magistrate Victor Nyazo imposed the minimum sentence prescribed on Mukendwa for car theft.
The State argued that there was no reason to impose less than the minimum sentence on him.
"Mandatory sentences should not be deviated from easily, and especially not for good reason."
Recognition of guilt and remorse are aspects that are taken into account by a judge or magistrate when a sentence is imposed.
It is also a mitigating factor when an accused is a first-time offender.
The State further argued that Mukendwa did not allege in his application that the magistrate committed an error of law in sentencing him to 10 years’ imprisonment; he simply requested that his sentence be reduced or that he instead only receive a fine.
The appeal was dismissed by judge Christie Liebenberg and is considered finalised.
– [email protected]
Sikopo Jacob Mukendwa recently appealed against his sentence and requested that it be shortened or that he be only fined. However, his case was struck off the roll on Monday after his legal representative conceded that the appeal application was flawed and did not include any valid grounds for appeal.
In court documents, he said he did not want to waste the court's time and therefore pleaded guilty, but the court apparently changed it to not guilty and recorded it as such. The State also confirmed these events in its court documents.
First-time offender
Mukendwa was sentenced on 14 August 2020 in the Katima Mulilo Magistrate's Court.
The grounds for his appeal, which he brought before the High Court, are that he is a first-time offender as well as the parent of three children under the age of 12. The mother of his children is said to have died, and Mukendwa is taking care of them alone. According to court documents, he is also HIV-positive.
"The court knew he was a first-time offender and that he initially pleaded guilty and showed remorse, but the court still decided that he committed a crime that carries serious consequences," the State said in its court documents.
The vehicle Mukendwa stole on 25 September 2016 was found two months later in Zambia. It was, however, no longer in working condition.
Sentence
Magistrate Victor Nyazo imposed the minimum sentence prescribed on Mukendwa for car theft.
The State argued that there was no reason to impose less than the minimum sentence on him.
"Mandatory sentences should not be deviated from easily, and especially not for good reason."
Recognition of guilt and remorse are aspects that are taken into account by a judge or magistrate when a sentence is imposed.
It is also a mitigating factor when an accused is a first-time offender.
The State further argued that Mukendwa did not allege in his application that the magistrate committed an error of law in sentencing him to 10 years’ imprisonment; he simply requested that his sentence be reduced or that he instead only receive a fine.
The appeal was dismissed by judge Christie Liebenberg and is considered finalised.
– [email protected]
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