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Swaziland: Court of Appeal

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Sihlongonyane Alfred Madlembe v King (26/2002) [2002] SZCA 34 (4 November 2002)




IN THE COURT OF APPEAL OF SWAZILAND

HELD AT MBABANE                                      Appeal No. 26/2002

In the matter between

ALFRED MADLEMBE SIHLONGONYANE    Appellant

Vs

THE KING                                                               Respondent

Coram                                                          BROWDE, JA
                                                                        BECK, JA
                                                                        ZIETSMAN, JA

For Appellant                                                
For Crown


JUDGMENT


BROWDE, J

In this matter the appellant was charged with having raped a female child of about 8 years. The evidence of his guilt was overwhelming. It is not surprising that the appellant does not wish to say anything about the merits of the appeal itself. What he argued before us was the question of sentence. He submitted that the sentence of 12 years imprisonment was excessive. He appeared to be oblivious of the fact that his sentence was backdated to the 5th of September, 1999 that is the date when he was arrested. When this was pointed out to him he seemed to be satisfied, since he could add very little other than to say the sentence was too harsh. In my opinion the sentence is a proper sentence and that raping a young child is a heinous crime which cannot be tolerated in any society.

Consequently this appeal is dismissed and the conviction and sentence are confirmed.

                                                               ____________________
                                                               BROWDE, JA

I agree                                               _____________________
                                                               BECK, JA

I agree                                      _____________________
                                             ZIETSMAN, JA    

GIVEN AT MBABANE this 4th day of November, 2002

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