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Young thief sent to prison for 14 years

 

News  Date: 04 June 2004

 

MAKHADO (LOUIS TRICHARDT) – A clear warning signal was sent this week to all would-be offenders that the courts will not tolerate the escalating wave of house-breaking and theft which is now being experienced country-wide.

Regional Magistrate Ronnie Rambau gave this warning in the Regional Court when he sentenced 18-year-old Hilton Thomas Magagula to 14 years in prison, without the possibility of parole. He turned 19 two days after being sentenced.

Magagula, who initially appeared on 10 charges of housebreaking and theft, was found guilty on two combined charges. Amongst the stolen articles which were listed in the two counts of housebreaking and theft, was one vehicle, which had been removed from the garage on the premises of one of the burgled houses. He was arrested before he could remove the vehicle from the premises. Other stolen items included a cellphone and expensive electronic equipment. He admitted to several previous offences and a suspended sentence for one of these previous offences.

All charges against Lucky Mashudu, who initially appeared as a co-accused with Magagula, were withdrawn.

Before sentencing Magagula, Mr Rambau said he took into account the youthful age and personal circumstances of the offender. Magagula, who hails from White River, comes from a dysfunctional family. He never knew his father. His mother is unemployed. He left home and school at an early age and ever since, he had several run-ins with the law. He was previously placed in a rehabilitation programme for youth offenders. Mr Rambau said he was reluctant to send youthful offenders to jail, but in this case it was apparent that all other efforts to rehabilitate or deter the offender have been in vain.

"You don't want to stop. You are either not ready or not willing to stop. You are just travelling full speed ahead with your offences whenever you get the opportunity, with a total disregard for the consequences. You are, therefore, the architect of your own fate."

Mr Rambau said that, apart from the circumstances of the offender, he also has to take into account the interests of the community, who wants to know what the courts are doing to curb the escalation of housebreaking and theft. He said the sentence must serve as a warning to other would-be offenders that the court will not deal lightly with thieves who have no respect for the property of law abiding citizens and in fact also put the whole country's economy at risk.

He rejected a plea by the defence council that a partially suspended sentence should be considered. He also denied a request that the jail sentence for the two counts should run concurrently.

Magagula was sentenced to seven years imprisonment on each count of housebreaking and theft. These sentences must be served consecutively, which means an effective sentence of 14 years in jail. Mr Rambau ordered that no parole should be considered during this period. Although no fire-arm was involved in any of the offences, he also declared Magagula as unfit to possess a firearm.

 

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