DON’T let petty crime become a life sentence!
Sibusiso, a Scorpion Legal Protection policyholder, thought he was doing his brother-in-law a favour when asked to keep a package for him containing a present for his wife.
He didn’t know the package had cocaine his brother-in-law was selling. With the package in his car, Sibusiso was pulled over in a roadblock. After his car was searched, he was arrested for drug possession.
Azikhiphi! That’s not on! He was betrayed!
He was told he would be in jail for a long time because of the
cocaine found in his car.
What to do if you are guilty?
Although Sibusiso didn’t know the package had drugs in it, he was
still guilty of drug possession. But that doesn’t mean he deserved a life
sentence.
So, he did the sensible thing and called his Scorpion Legal
Protection lawyer to help him stand up for his rights. His lawyer advised him
they could appeal for mitigation of his sentence.
What is mitigation of a sentence?
This is when information or evidence is given to the court, showing
the guilty person shouldn’t be punished for the crime to the full extent of the
law. An appeal is made to the court, asking for reduced charges and or a lesser
sentence. The outcome depends on the evidence provided.
Discretion of the court
The court hearing the appeal:
) Should know that the punishment will be decided by the trial
court.
) Should not change the sentence if it was not done following
proper judicial procedures.
) Should make sure the sentence fits the allowed mitigating
factors.
Mitigating factors
Sibusiso’s Scorpion lawyer argued it was his first offence, as he
had never been caught with drugs, that he was not aware of what the package
contained, and that he was
co-operative with police.
co-operative with police.
There are many factors that are connected to the mitigation of a
sentence and depend on the case at hand.
Five examples of mitigating factors:
1. The crime was out of need and not greed.
2. The guilty person shows remorse.
3. The crime was unplanned and or accidental.
4. Circumstances, in which the crime took
place.
5. Physical or mental health of the guilty
person.
How to strike back
Being arrested for a crime you know you are guilty of for the first
time can be scary.
It is important to know that the law was written to protect all –
even those who are guilty.
As a Scorpion policyholder, Sibusiso could get a lesser
sentence.
Scorpion Legal Protection helps policyholders, like Sibusiso, with
cases of mitigating sentences.
To find out more, or to join, SMS “Learn” to 34453 and they’ll call
you back with more information.
) Please note: This is only general advice and should
not be relied on solely.
The law, in its entirety, is very complicated, and there
are many influencing factors that can change the above.
