MAN TO SPEND 1YR LEARNING TO RESPECT WOMEN

MBABANE – In an unprecedented judgment, a man who attempted to kill his girlfriend has been sentenced to spend a year learning how to respect women.
Judge Bonginkhosi Magagula sentenced Wandile Milton Bennett to five years for the offence of attempted murder. He will, however, serve four years of the sentence in prison. He was ordered to do community service in the remaining year in an area that is dominated by women. Judge Magagula said in the process, Bennett will learn how to respect women in general.
According to the judgment, it is during this process that Bennett will appreciate women’s value in society, what they stand for and what they do.

Guilty

Bennett was found guilty of attempting to kill Mercy Mwindwa by stabbing her with a knife.In total, Bennett was sentenced to five years imprisonment without an option of a fine, but a year was suspended in order for him to engage in community service at a place dominated by women. The judge ordered Bennett to do community service at Nkwalini Market or any of the markets in that area which His Majesty’s Correctional Services (HMCS) will identify.The judge said the reason it opted for a vegetable market is because it is where most women usually ply their trade.

“The accused must serve them (women) there, he will not only be able to provide the much needed manual labour for all of them as a collective, but will also have the opportunity to mingle with them and value the work they do,” said Judge Magagula.The court emphasised that Bennett may, in the process, learn to respect women in general. “In the process, he will be rehabilitated and corrected in his line of thinking,” reads part of the judgment. It was the court’s observation that the prevalence of gender-based violence reflects that the interest of society must trump the personal circumstances of an accused, because the court has a duty to pass a deterrent sentence that does not only provide adequate consequences for committing crime, but which also serves as a deterrent to potential offenders out there who may think it is fashionable to bash women.

Bennett pleaded not guilty to the charge and the Crown led witnesses to prove the commission of the offence. He was subsequently convicted of attempted murder on July 8, 2024.
During the trial, the court was urged by the defence counsel to take into consideration the injuries that were inflicted by Bennett on his girlfriend. Bennett’s attorney argued that inasmuch as he used a knife, there were no stab wounds, but laceration on the body of his girlfriend. The court agreed with this submission as this was what appeared to have transpired when considering the medical report. “Inasmuch as the complainant and another witness, when giving evidence, used the word ‘stab’, it may have been used loosely. “According to the Oxford dictionary, the word stabbing means thrusting a knife or other pointed weapon into someone so as to wound or kill. On the other hand, a laceration or cut refers to a skin wound,” said the court.

The court said what could be deduced from the definitions of the two words was that a stab is deep, yet a laceration is a cut on the skin.“Exhibit 1, which is the medical report, under the part where the medical practitioner must detail wounds, if any, reflects that there were multiple lacerations. “The doctor details them to have occurred on the back jugular area, occiput, eye, cheek, hand, index finger and tendon.

Inflictions

“Inasmuch as the court accepts that there were cuts, the multiplicity of the inflictions aggravates the conduct of the accused,” said the court. The court also noted that the areas on the body of the complainant, where the injuries were inflicted, are indeed delicate and sensitive. The mother of the complainant told the court that she had to spend a considerable amount of time at Mbabane Government Hospital assisting and nursing her, while she was admitted there. According to the mother, the complainant could not bath or use the toilet without being assisted. The court was told that the complainant, Mwindwa, also bled internally during the attack, to the extent that she lost 2.5 litres of blood.“The court, therefore, comes to the conclusion that the severity of the injuries cannot be underestimated by the mere fact that they were inflicted through lacerations as compared to stabbing,” said Judge Magagula.

In passing sentence, the court said it took into consideration, and in Bennett’s favour, that he is a first offender, he is fairly young and deserves another chance to be integrated into society, albeit after rehabilitation.Judge Magagula mentioned that throughout the trial, the court observed a measure of remorse in Bennett’s demeanour. According to the court, Bennett appeared to realise the seriousness of the offences and he showed remorse. It was further the court’s observation that Mwindwa had forgiven Bennett and said that would also count in his favour.
“It is also in the same vein that the court considers that imposing a lengthy custodial sentence will affect his two minor children who need him, not only for financial support, but his presence in their lives for guidance and upbringing,” said the judge.

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