Man gets 10 years for drunken murder

Lebogang Mosikare | Wednesday December 16, 2015 15:35

 

The accused, Kago Mapodise (24) committed the offence in 2009 in the mining town following a night of heavy alcohol drinking. Passing sentence yesterday, Justice Lot Moroka noted that there were extenuating circumstances that reduced Mapodise’s blameworthiness.

“The accused committed the offence after consuming a lot of alcohol. Intoxication on its own is an extenuating circumstance. His youthfulness also played a role in his actions hence he is guilty of murder with extenuating circumstances,” said the judge.

Moroka said murder is one of the most serious offences in the penal code.

“Society expects the sentence to mirror the seriousness of the offence. The sentence should not be excessive and retributive. The accused did not go out to commit the offence. He did not leave his home to go and kill someone.

The murder just happened by chance,” said Moroka. He added that the accused was a first offender who under the law should not be given a harsh sentence like repeat offenders. Moroka however said that it does not escape his attention that the accused stabbed the deceased with a knife many times.

“A custodial sentence in this matter would be appropriate in order to protect innocent members of society from similar actions in future.

The accused is therefore sentenced to 10 years in jail and.......he is advised of his right to appeal in six weeks if he is not satisfied with the sentence or conviction,” said Moroka.

Counsel Tshedukani Elija represented Mapodise while Connie Letswalo from the Directorate of Public Prosecutions (DPP) represented the state in the matter.