SuBstAntiAl sEntEnCE to ponDEr, rEflECt

MBABANE - Judge Maxine Langwenya said a substantial term of imprisonment would give former Minister of Public Works and Transport Ntuthuko Dlamini time to ponder and reflect on what he did.

She went on to say she was hopeful that Dlamini would realise that no matter the anger, it was not open to anyone to take the law into their own hands.

The judge stated that Ntuthuko’s personal circumstances should be weighed against the serious nature of the crimes, the interests of society and other factors relevant to the imposition of sentence.

Judge Langwenya said it was her conclusion that this was a case where personal circumstances of the accused should recede to the background, and where the retributive and deterrent purposes of punishment should come to the fore. She said once it became clear that the crime called for a substantial period of imprisonment ,the question whether the accused was married or single, whether he had two children or three, whether or not he was in employment, were in themselves largely immaterial to what that period should be.

“The personal circumstances of the accused and the direct consequences of the sentences to be imposed cannot outweigh the seriousness of the offences and the impact of their commission on those interests, which are sought to be protected by law. A period of imprisonment is, in my view justified,” she said.

Sentencing

Judge Langwenya said, the law enjoined a sentencing court to blend sentencing the accused with a measure of mercy. She said mercy was a concomitant element of sentencing; it tampered one’s approach when considering the crime, criminal and society.

“The crimes that the accused has been convicted of are serious, appalling and unnecessary. The families of the deceased persons are entitled to expect that the crimes committed against the deceased be punished accordingly,” said the court.