By Dumisani Ndlovu
A 34-year-old Chiundura man who spent two years in remand prison walked free after being sentenced to four years in prison, wholly suspended for the next five years, during a Gweru High Court circuit on Monday.
In passing the sentence High Court Judge, Justice Ndlovu said offenders can be jailed up to 5 years or a fine or both upon conviction. He charged the accused with a lesser charge of negligently causing death of Mabge on the on the 20th of June 2022.
“The accused pleaded guilty, he did not waste the court’s time. A plea of guilty should be rewarded, failure to recognise such will cause other offenders to question why they should pleading guilty. In a judiciary system affected by COVID 19 back log, a plea of guilty offsets workload and reduces backlong,” said the Judge.
In passing the sentence, Judge Ndlovu said he considered all submissions by both the accused’s defense counsel and that of the state.
Romeo Machirori who was represented by Esau Mandipa of Matatu and Mandipa Legal Practitioner had earlier pleaded not guilty to a charge of murdering his 24-year-old small house, Pelones Mabge after it was read to him in Gweru Court before Judge Bongani Ndlovu.
“The accused persons pleaded not guilty to the charge of murder as defined in section 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].
He however pleaded guilty to culpable homicide as defined in section 49 of the Criminal Law (Codification and Reform) Act. He did not contest a lesser charge of causing death without intention,” said Judge Justice Ndlovu.
The accused’s defence counsel, advocate Mandipa said the accused person gave evidence for the defence and his version on the altercation and culpable homicide is the only version that is available.
“The accused person per his own version tendered a limited plea to culpable homicide my Lord. He is a first offender who showed remorse by offering his beast which was slaughtered at the funeral of the deceased. ”said Advocate Mandipa.
Counsel for the accused Mandipa implored with the court to impose a lenient sentence as the accused pleaded guilty and after assaulted the deceased who was his girlfriend, he pushed him with a wheel barrow to the clinic. He said the accused also surrendered himself to the police.
Although the state represented by Public Prosecutor Linah Mamombe conceded to the fact that the accused was negligent in the manner in which he hit the deceased and accepted this limited plea in terms of section 271 (1) of the Criminal Procedure and Evidence Act she urged the court to provide a sentence that commensurate the crime as a life has been lost.
“I submit that although the accused person has been convicted with a lesser charge, but in committing the crime there was highest degree of negligence which caused the death of the deceased, I pray the honorable court could pass a sentence of 5 years, one year suspended on condition that he doesn’t commit similar offence in the next five years. This will make the accused reform from violent behavior, “said Prosecutor Mamombe.
