Lutzville resident Mzimasi Phuthumani has won an appeal against a sentence of a year behind bars for the possession of stolen property.

A Cape Argus report says the Western Cape High Court suspended the sentence for three years on condition that he is not found guilty of a similar crime during that period.

Phuthumani had originally been charged in the Vredendal Magistrate’s Court with receiving a stolen generator valued at R15 000 in July 2020.

He pleaded guilty and the court summarily convicted him of possession of stolen property, sentencing him to direct imprisonment for 12 months.

In his appeal against the sentence, he argued that the magistrate over-emphasised the seriousness of the offence and failed to take into account his personal circumstances, in particular, that he was a first offender.

In his ruling, Acting Judge James Lekhuleni said: ‘The accused was convicted of a serious crime that involves dishonesty. It is a pernicious and malignant offence that is inimical to the values and fibre of our society. However, it must be balanced against the personal circumstances of the accused. Society is looking at the courts for protection against people who commit crimes. If the courts fail to deal appropriately with criminals, society will lose confidence in the courts and this will prompt society to take the law into their own hands. It is therefore incumbent upon this court to impose a well-considered sentence.’

Full Cape Argus report

Judgment