A man who stole and slaughtered one Dorper ewe so that he could feed his family received a lifeline after the Kimberley High Court reduced his four-year imprisonment sentence to three years behind bars.
David Mias was sentenced in May last year by a magistrate sitting in the Philipstown Magistrate’s Court, in eastern Karoo.
This matter has been submitted on special review to the high court for a determination as to whether the sentence imposed by the magistrate is in accordance with justice.
Mias pleaded guilty to one count of stock theft in that he admitted to stealing and slaughtering one Dorper ewe, the property of another farmer, and which was valued at R2,800. He was subsequently convicted.
It transpired during the sentencing proceedings that the accused was not a first offender but had been convicted previously on stock theft charges.
The prosecutor asked the magistrate to transfer the matter to the regional court, as the lower court was only able to sentence him up to three years imprisonment. The prosecution believed that he deserved a higher sentence. The magistrate refused and proceeded to sentence the accused to four years imprisonment on the basis that “the form of mercy that the court is going to give you is not to send you to regional court, as that court can give you a higher sentence.”
On review, Judge Cecile Williams commented that the magistrate’s court operates under statutory law and its powers and sentencing jurisdiction are set out in the Magistrate’s Courts Act.
The law stipulates that a magistrate’s court can only impose a sentence up to three years imprisonment.
Mias was 37 years old when the offence was committed and he was unemployed. The court was told that he is the single father to a nine-year-old daughter.
Judge Williams pointed out that stock theft is prevalent in the rural areas of the Northern Cape and has a negative effect on the economy of the province. However, she added, presiding officers should be mindful not to impose progressively heavier sentences merely because the accused is a repeat offender.
The personal circumstances of each offender must be taken into account, she said. She noted that Mias is unemployed and has a family to maintain.
“All indications are that he stole the sheep with the intention of slaughtering it for the pot.”
The judge said in fact in his written guilty plea he stated that he slaughtered the sheep and only took some of the meat as he could not carry the whole sheep.
“There is no indication that he stole the sheep for financial gain,” she said.
Judge Williams added that while it is true that a firm position should be taken on the issue of stock theft, given the prevalence of this offence, an accused should not be sacrificed on the altar of deterrence.
“The accused has pleaded guilty and did not waste any time or resources in this matter.
“Taking all the relevant circumstances into consideration I am of the view that a sentence of three years imprisonment is appropriate.”
She antedated the sentence to May last year, when Mias was sentenced, which means that he should be considered for parole soon and be back with his family.
Pretoria News