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Jail time for housebreaking and assault

 

News  Date: 17 May 2013

 

The Dzanani Magistrate's Court sentenced Mulalo Mmbidi (24) to a direct jail term of four year and six months, after he was convicted on charges of assault and housebreaking and theft last Monday.

The court heard that Mmbidi had forcefully gained entrance into an elderly woman's house and proceeded to her bedroom at Mauluma on 22 April last year. The lady was awakened by a strange noise inside her room and raised her head to investigate, but the accused then stabbed her in the head with a sharp object. She started screaming for help as the intruder ran away.

A neighbour heard the woman's cry and came to help. When the neighbour went to her home, she noticed that her window was smashed and that her mobile phone and some money were missing. She then reported the matter to the police.

Meanwhile, Mmbidi insisted throughout the trial that he had not committed the crimes, but another man who had been with him on that night. He said he was hiding in a flowerbed while the other man entered the house and stole the mobile phone, which was then handed to him to recharge. The mobile phone was found inside Mmbidi's bedroom the same night, after the police's investigation led them to his home.

The court ruled that, based on his evidence, the accused had placed himself at the scene of the crime. “This court rejects the claim that you found the cellphone from your friend,” said the magistrate in convicting the accused.

In mitigation, Mmbidi said he had a spouse and child whom he looked after, since his partner was unemployed. “I survive by doing odd jobs, and if I were to be given a direct jail term, my family might suffer as a result of my imprisonment,” he pleaded.

The court established that Mmbidi had previous convictions which dated back to 2007, when he was convicted and sentenced for similar offences on two occassions.

Finally, Mmbidi was sentenced to 18 months for assault with intent to do grevious bodily harm, and an effective three years' imprisonment for housebreaking and theft.

The court heard that Mmbidi had forcefully gained entrance into an elderly woman's house and proceeded to her bedroom at Mauluma on 22 April last year. The lady was awakened by a strange noise inside her room and raised her head to investigate, but the accused then stabbed her in the head with a sharp object. She started screaming for help as the intruder ran away.

A neighbour heard the woman's cry and came to help. When the neighbour went to her home, she noticed that her window was smashed and that her mobile phone and some money were missing. She then reported the matter to the police.

Meanwhile, Mmbidi insisted throughout the trial that he had not committed the crimes, but another man who had been with him on that night. He said he was hiding in a flowerbed while the other man entered the house and stole the mobile phone, which was then handed to him to recharge. The mobile phone was found inside Mmbidi's bedroom the same night, after the police's investigation led them to his home.

The court ruled that, based on his evidence, the accused had placed himself at the scene of the crime. “This court rejects the claim that you found the cellphone from your friend,” said the magistrate in convicting the accused.

In mitigation, Mmbidi said he had a spouse and child whom he looked after, since his partner was unemployed. “I survive by doing odd jobs, and if I were to be given a direct jail term, my family might suffer as a result of my imprisonment,” he pleaded.

The court established that Mmbidi had previous convictions which dated back to 2007, when he was convicted and sentenced for similar offences on two occassions.

Finally, Mmbidi was sentenced to 18 months for assault with intent to do grevious bodily harm, and an effective three years' imprisonment for housebreaking and theft.

 

Written by

Tshifhiwa Mukwevho

Tshifhiwa Given Mukwevho was born in 1984 in Madombidzha village, not far from Louis Trichardt in the Limpopo Province. After submitting articles for roughly a year for Limpopo Mirror's youth supplement, Makoya, he started writing for the main newspaper. He is a prolific writer who published his first book, titled A Traumatic Revenge in 2011. It focusses on life on the street and how to survive amidst poverty. His second book titled The Violent Gestures of Life was published in 2014.

 

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