S v Chirembwe (CRB R 1006 of 2012) [2015] ZWHHC 162 (15 February 2015)

S v Chirembwe (CRB R 1006 of 2012) [2015] ZWHHC 162 (15 February 2015)

The sentence of 290 years was excessive and irrational as none of it ran concurrently and it failed to consider the cumulative effect of sentencing for similar offences committed in close proximity. The proper approach was to order sentences for similar counts to run concurrently, resulting in a total effective sentence of 55 years with part suspended.

Citation
[2015] ZWHHC 162
Parties
Prosecutor: The State; Accused: Thomas Brighton Chirembwe
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
15 February 2015
Case Number
CRB R 1006 of 2012
Procedural Posture
Criminal Review / Sentence Review and Alteration
Outcome
sentence altered
Legal Topics
Rape, Unlawful Entry, Sentencing, Gender Based Violence, Concurrent Sentences
Source Language
English
Criminal Law Constitutional Law Human Rights Law Rape Unlawful Entry Sentencing Gender Based Violence Concurrent Sentences

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Parties

The State

Prosecutor

Thomas Brighton Chirembwe

Accused

Procedural Posture

Criminal Review / Sentence Review and Alteration

Legal Issues

  1. 1 Whether the sentence imposed was excessive and induced a sense of shock
  2. 2 Whether sentences for multiple counts should run concurrently or consecutively
  3. 3 Whether the splitting of charges was proper

Ratio Decidendi

The sentence of 290 years was excessive and irrational as none of it ran concurrently and it failed to consider the cumulative effect of sentencing for similar offences committed in close proximity. The proper approach was to order sentences for similar counts to run concurrently, resulting in a total effective sentence of 55 years with part suspended.

Court Disposition

sentence altered

Orders

  • For counts involving unlawful entry under aggravated circumstances and rape, accused sentenced to a total of 73 years imprisonment, 18 years suspended for five years on condition of good behaviour.
  • For counts involving unlawful entry under aggravated circumstances without rape, accused sentenced to 15 years imprisonment to run concurrently with the effective sentence of 55 years.