A Joza man convicted of stabbing his friend to death escaped jail time after his murder charge was changed to culpable homicide at the Grahamstown Regional Court this week.
A Joza man convicted of stabbing his friend to death escaped jail time after his murder charge was changed to culpable homicide at the Grahamstown Regional Court this week.
Extension 3 resident Lindile Siyazi, 43, walked out of court a free man on Tuesday 3 December after pleading guilty to culpable homicide charges.
The case was in court for sentencing following an incident where Siyazi's friend Bongisizwe Booi lost his life. Siyazi was arrested shortly after Booi was killed on 8 July and charged with murder.
During the sentencing on Tuesday his legal aid attorney Henry Charles said they had entered into a plea bargain with the State in which they had agreed to change the charges to culpable homicide.
The court heard how the two men had been drinking together on the night in question. A fight broke out between the two men and they strangled each other before Siyazi took a knife from his pocket and stabbed Booi once on the shoulder near his neck.
Charles said the defence had prepared a guilty plea, and the State was on record accepting the plea bargain. He said Booi had attempted to run away after being stabbed by Siyazi, but collapsed and later died.
Siyazi has two previous convictions.
He was convicted of assault and assault with the intention to cause grievous bodily harm in 1992. In 2007 he was convicted of failing to attend court in a matter that was later withdrawn.
Charles asked for his client to be given a suspended sentence. Siyazi had pleaded guilty, co-operated with police and has a child, he said.
State prosecutor Lyle Prince asked the court not to lose sight of the fact that a man lost his life during this incident, and they had been friends.
Prince said the community demands harsher sentences from the courts and suggested that imprisonment was the appropriate sentence for Siyazi.
In handing down judgment Magistrate Thembela Mata said Siyazi's actions were not premeditated, adding that his indications of taking responsibility showed he was remorseful. Mata said although the community expects harsher sentences, he was of the view that in this case direct imprisonment didn't appear to be a suitable sentence.
Mata sentenced Siyazi to nine years imprisonment, which was wholly suspended for a period of five years. He also found Siyazi unfit to possess a firearm due to his actions on the night in question.
