22 Jun 2014

The Mochudi Magistrate Court recently ordered Beavan Tom to pay a fine of P2 000 after finding him guilty on a single count of forgery.

Delivering the sentence, Magistrate Michael Itumeleng said the fine shall be payable before July 31. He added that should Tom fail to pay he would have to spend six months in prison. During mitigation, Tom pleaded with the court to be lenient because he had four children whom he supports and also pays for his two brothers school fees.

Magistrate Itumeleng said he considered a number of factors before sentencing Tom, among them the nature of the offence, the accused’s personal circumstances as well as the interest of society. “I have taken into account everything that you said in mitigation. You pleaded guilty to the charge and you did not waste the court’s time,” he said.

He added that the policy of the court was to avoid imposing custodial sentences on first offenders where possible. The court found that there was nothing that motivated 33-year-old Tom to commit the offence besides self gain, since he forged the driving licence in the name of another person.

“You caused a person who ordinarily would not be entitled to have a driving licence to have the same. This posed a great danger to society because the person could have used the licence while his fitness to drive had not been tested,” said Magistrate Itumeleng.

He said Section 124 (1) of the Road Traffic Act makes it an offence for one to imitate a licence issued under the act while Section 36 of the Interpretation Act states that where an act constitutes an offence under the two enactments it is possible for the offender to be prosecuted for either of such enactments.

“Since the Road Traffic Act has provided for punishment for people who would have committed offences such as the one that you have been convicted on I will, as much as possible, impose a sentence which reflects the wishes of the legislature,” said Magistrate Itumeleng. Tom, a mechanic, was facing a single count of forgery contrary to Section 344 of the Penal Code.

A person convicted for the offence shall be liable to an imprisonment term which doesn’t exceed three years.

The court advised the convict of his right to appeal to the High Court within 14 days from the day of sentencing against conviction or the sentence if dissatisfied with its decision. The exhibited forged licence shall be forfeited to the state. ENDS