Teen gets jailed 10 years for murder

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A 17-YEAR-OLD boy from Makakavhule village in Beitbridge, who stabbed a 28-year-old man to death after the deceased’s friend had spilled his friend’s beer, was yesterday slapped with a 10-year jail term for murder with actual intent.

A 17-YEAR-OLD boy from Makakavhule village in Beitbridge, who stabbed a 28-year-old man to death after the deceased’s friend had spilled his friend’s beer, was yesterday slapped with a 10-year jail term for murder with actual intent.

STAFF REPORTER

Mayford Ndlovu, now 18, represented by Kenneth Lubimbi, pleaded not guilty to the murder of Robert Mudhau (28) of Dulibadzimu Township in Beitbridge when he appeared before Bulawayo High Court judge Justice Nokuthula Moyo.

But after a full trial, the judge convicted and sentenced him to an effective 10 years in jail.

In mitigation, his lawyer asked the court to consider that at the time when he committed the offence he was very young and that he was a first offender.

He asked the court to consider corporal punishment coupled with community service as a sentence.

Lubimbi submitted that Ndlovu came from a broken family, did not know his father, was brought up by his grandparents and only went as far as primary school.

But the State, represented by Nokuthaba Ngwenya, opposed some of the submissions, saying the court must consider that the use of a knife cannot be justified.

Ngwenya said it was unnecessary for Ndlovu to use a lethal weapon on a vulnerable part of Mudhau’s body and she asked the court for a punitive sentence that would discourage youths from engaging in violence in dealing with disputes.

She said a lighter sentence, as suggested by the defence, would trivialise the offence. In passing sentence, Moyo indicated that the court would consider that Ndlovu came from a broken family and that he was young.

She said the court did not appreciate what the two were fighting for, leading to loss of life.

“This court should be alive to the fact that an innocent life was lost,” Moyo said.

“The situation was worsened by that accused carried a knife.

“Why should accused carry an okapi knife?

“The part of the body which he aimed at was vulnerable.”

Moyo said the courts had dealt with a number of cases where innocent people were killed over petty issues.

“It is the duty of this court to hold the sanctity of life,” she said.

“It is clear that the accused comes from a broken background and that idleness and lack of direction in life has landed him in this situation.”

Moyo said corporal punishment and community service suggested by his lawyer were not suitable in a case where life had been lost deliberately and this could trivialise his offence.

She said a sentence usually given to people who committed culpable homicide was suitable for the accused in relation to his age.

The court heard that on June 6 2014 at 4pm, Mudhau was at Chamunanga Primary School playing grounds with his friends Mpho Nyoni and Richard Dean Noko watching interprovincial school ball games competitions.

Also in attendance was Ndlovu in the company of his friends Emmanuel Ndou, Onias Moyo, Elton Ndou and Linson Mbedzi.

A misunderstanding arose after Nyoni spilled Onias’ beer.

This degenerated into a fist fight between Ndlovu and Mudhau.

Ndlovu allegedly produced a knife from his pocket and stabbed Mudhau once in the head and left from the scene. Mudhau sustained a deep cut in the head and was taken to Beitbridge General Hospital where he died on June 7 at 1:30am.

A post mortem report produced by Sanganayi Pesanayi states that Mudhau died due to brain damage, skull fractures, stab wound and homicide.

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