QUOTE
A tough-talking Johannesburg magistrate has sent out a harsh message - the community has had enough of smash-and-grabs.
He jailed a man for five years on Tuesday, saying the community which arrested him needed to see justice done.
Brixton magistrate Norman Makhubela sentenced 28-year-old Richard Modungwa for attacking a lone 53-year-old woman at a busy intersection in Industria a month ago.
"The police have enough work and they cannot be planted at intersections guarding people. People should feel safe when they approach intersections," said Makhubela.
"Even innocent beggars are suffering because of this crime as people don't know whether it is a genuine beggar approaching or a thief.
"It is difficult to catch these criminals, and when one is caught, an example should be set.
"You are lucky that you were not charged with being in possession of a breaking instrument, such as a spark plug, because just being in possession of a spark plug will get you a three-year sentence," Makhubela said, looking Modungwa in the eye.
On August 15 Modungwa smashed the woman's window as she approached a busy stop street in Edison Street and stole her leather handbag. He then ran away.
However, motorists waiting behind the victim saw the attack and chased him, tackled him to the ground and handed him over to the police.
Modungwa pleaded guilty to charges of malicious damage to property and theft out of a motor vehicle.
According to evidence, the cost of repairing the window was R1 500 and the contents of the handbag were valued at R4 000.
Shortly before the 28-year-old was sentenced, defence lawyer Chanel Oliphant and state prosecutor Comfort Zwane locked horns on whether Modungwa was facing a duplication of charges.
The argument was whether he should face a single conviction on either the charge of malicious damage to property or theft out of a vehicle, or be convicted on both offences.
Zwane argued that Modungwa committed two acts of crime which had different elements and therefore should be convicted on both. Oliphant insisted he should be convicted for only one offence as his intention was only to steal a handbag.
The magistrate decided the two charges were separate and that Modungwa should be sentenced for both.
"The accused broke one law to achieve his criminal intent. If a person breaks into a house and then ends up killing someone, that person cannot escape the liability of murder," Makhubela said.
Oliphant asked the court to show her client mercy as he was remorseful, a first offender, single and unemployed when he committed the crime.
Makhubela said that while the court acknowledged Modungwa was remorseful, there was nothing special about his circumstances.
"He pleaded guilty to both counts and the court accepts that he is remorseful for what he has done, but he only pleaded guilty because the facts were so overloaded against him.
"The accused is not a youngster anymore," the magistrate noted, saying he could not be judged as a juvenile.
Makhubela said the court believed in giving people second chances, but each case had to be viewed on its own merits as the court could impose either a suspended sentence or give the option of a fine.
"But this view should be influenced by the prevalence of smash-and-grabs in Johannesburg and at busy intersections, and in industrial areas where this one occurred.
"The accused was apprehended by members of the public, and the court owes it to the public to give them a vote of confidence that this crime is taken seriously and the accused will not be given a slap on the wrists," he said.
Modungwa was given two years for malicious damage to property and a further three years for theft out of a motor vehicle.
The sentences are to be served in full and not run concurrently.
He jailed a man for five years on Tuesday, saying the community which arrested him needed to see justice done.
Brixton magistrate Norman Makhubela sentenced 28-year-old Richard Modungwa for attacking a lone 53-year-old woman at a busy intersection in Industria a month ago.
"The police have enough work and they cannot be planted at intersections guarding people. People should feel safe when they approach intersections," said Makhubela.
"Even innocent beggars are suffering because of this crime as people don't know whether it is a genuine beggar approaching or a thief.
"It is difficult to catch these criminals, and when one is caught, an example should be set.
"You are lucky that you were not charged with being in possession of a breaking instrument, such as a spark plug, because just being in possession of a spark plug will get you a three-year sentence," Makhubela said, looking Modungwa in the eye.
On August 15 Modungwa smashed the woman's window as she approached a busy stop street in Edison Street and stole her leather handbag. He then ran away.
However, motorists waiting behind the victim saw the attack and chased him, tackled him to the ground and handed him over to the police.
Modungwa pleaded guilty to charges of malicious damage to property and theft out of a motor vehicle.
According to evidence, the cost of repairing the window was R1 500 and the contents of the handbag were valued at R4 000.
Shortly before the 28-year-old was sentenced, defence lawyer Chanel Oliphant and state prosecutor Comfort Zwane locked horns on whether Modungwa was facing a duplication of charges.
The argument was whether he should face a single conviction on either the charge of malicious damage to property or theft out of a vehicle, or be convicted on both offences.
Zwane argued that Modungwa committed two acts of crime which had different elements and therefore should be convicted on both. Oliphant insisted he should be convicted for only one offence as his intention was only to steal a handbag.
The magistrate decided the two charges were separate and that Modungwa should be sentenced for both.
"The accused broke one law to achieve his criminal intent. If a person breaks into a house and then ends up killing someone, that person cannot escape the liability of murder," Makhubela said.
Oliphant asked the court to show her client mercy as he was remorseful, a first offender, single and unemployed when he committed the crime.
Makhubela said that while the court acknowledged Modungwa was remorseful, there was nothing special about his circumstances.
"He pleaded guilty to both counts and the court accepts that he is remorseful for what he has done, but he only pleaded guilty because the facts were so overloaded against him.
"The accused is not a youngster anymore," the magistrate noted, saying he could not be judged as a juvenile.
Makhubela said the court believed in giving people second chances, but each case had to be viewed on its own merits as the court could impose either a suspended sentence or give the option of a fine.
"But this view should be influenced by the prevalence of smash-and-grabs in Johannesburg and at busy intersections, and in industrial areas where this one occurred.
"The accused was apprehended by members of the public, and the court owes it to the public to give them a vote of confidence that this crime is taken seriously and the accused will not be given a slap on the wrists," he said.
Modungwa was given two years for malicious damage to property and a further three years for theft out of a motor vehicle.
The sentences are to be served in full and not run concurrently.
Yeah, that's the way. Take hard stances on the smaller crimes, and work up to the larger ones. It worked for New York, and it can work for us. More judges should be this "harsh" on the scumbags.
