Magistrate shows no leniency in sentencing hijacker

The Barberton Magistrate’s Court sitting of the Regional Court sent a stern warning to would-be car hijackers when it sentenced a 43-year-old man to 15 years’ imprisonment.

Justine Mafia Sgauke appeared last Tuesday for sentencing on a charge of robbery with aggravating circumstances.
Magistrate Sheila Msibi did not hesitate to impose a minimum sentence of 15 years on Sgauke for his role in the hijacking of car salesman, Clive Wray Ragman (40).

The prescribed minimum sentences for a robbery with aggravating circumstances ranges from 15 to 25 years.
The sentence was handed down despite defence lawyer, Advocate William Motha’s compelling plea for a lesser sentence or discharge of the case.

Motha told the court that Sgauke had no intention of robbing Ragman.
He further claimed that the court had failed to prove beyond any reasonable doubt that Sgauke had indeed tried to hijack Ragman.

He said his client could not be convicted on grounds of suspicion only.
“There is no direct evidence linking my client to the case, no fingerprints were found on the complainant’s car and the witnesses who were called to testify contradicted one another.
“For those reasons I humbly request that the accused be discharged.”

However, Mothas attempt to prevent his client from being sentenced were in vain.
Mazibuko said a case of robbery with aggravating circumstances was a serious one and cases like this one were prevalent not only in the area but across the country. He said because Sgauke was a first-time offender, he recommended that a lenient sentence be imposed.

“The accused is one of the lucky offenders to appear in this Regional Court.
“He was arrested on March 5, 2015 and in less than eight months, his case is about to be finalised. He did not have to wait a long time like other offenders who sometimes have to wait two to five years,” said Mazibuko.

Msibi said the hijacking of Ragman sent shock waves among car dealers.
“They (car dealers) offer their clients a chance to test drive cars alone at times. But this hijacking showed what danger it posed for dealers.
“It is a known fact that the increase in crime is alarming, especially violent crimes. The state had found compelling evidence that you acted on a common purpose with Collen to commit this crime. You are therefor sentenced to 15 years in prison,” said Msibi.