Man gets 10 years for motor vehicle theft

Bonte Seepi | Friday February 12, 2016 14:14

 

During sentencing, Motsamai said she considered several factors including the seriousness of the offence that Maswabi was convicted of. She explained that vehicle theft carries a punishment of not less than 10 years imprisonment and not more than 15 years imprisonment. She also added that the offence does not have a fine sentence.

“I also bear in mind that the punishment should suit the accused person and on the other hand be fair to the state and the victim. I also considered the plea that the accused said in his mitigation especially the issues of his livelihood,” said Motsamai.

Even though the accused had previous convictions dating back to 2007, the magistrate said she will treat him as a first offender saying that the crime that he committed by then was not related to the one he stood convicted of. She said the accused will therefore enjoy the rights enjoyed by first offenders. Motsamai further said she considered the victim did not suffer that much from the theft, as his motor vehicle was retrieved and returned to him. “I have also noted that the stolen motor vehicle was found abandoned in the bush, so it has since been returned to its owner, hence he did not suffer much from the theft,” she said.

She said she did not find anything from what the accused said that could force her to reduce the sentence from the minimum prison term. Therefore she sentenced Maswabi to 10 years imprisonment, which she said shall commence from the day he was first imprisoned on January 29, 2016. She advised the accused to appeal to the High Court within 14 days if he was not satisfied with the conviction and sentence.  Maswabi and another person who is still on the run, using violence, stole a Toyota Corolla worth P22,500 in Palapye on April 16, 2009.