S v Kufandada and Another (233 of 2024) [2024] ZWHHC 233 (6 June 2024)

S v Kufandada and Another (233 of 2024) [2024] ZWHHC 233 (6 June 2024)

The sentences imposed by the trial magistrate for robbery and rape were manifestly lenient, failed to comply with the mandatory and presumptive penalties under the new sentencing guidelines, and did not consider all aggravating circumstances or victim impact statements. The suspension of part of the rape sentence was unlawful, and the order for sentences to run concurrently was a misdirection. The sentence for rape is set aside and substituted with 20 years' imprisonment to run consecutively with the robbery sentence.

Citation
[2024] ZWHHC 233
Parties
Prosecutor: The State; First Accused: Wallace Kufandada; Second Accused: Takudzwa Pepukai
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
6 June 2024
Case Number
233 of 2024
Procedural Posture
Criminal Review / Judgment on Review of Conviction and Sentence
Outcome
Sentence for rape set aside and substituted; sentences to run consecutively; certificate withheld for robbery sentence; convictions confirmed.
Legal Topics
Robbery, Rape, Sentencing Guidelines, Aggravating Circumstances, Victim Impact Statements, Concurrent and Consecutive Sentences
Source Language
English
Criminal Law Sentencing Robbery Rape Sentencing Guidelines Aggravating Circumstances Victim Impact Statements Concurrent and Consecutive Sentences

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Parties

The State

Prosecutor

Wallace Kufandada

First Accused

Takudzwa Pepukai

Second Accused

Procedural Posture

Criminal Review / Judgment on Review of Conviction and Sentence

Legal Issues

  1. 1 Whether the convictions for robbery and rape were proper and in accordance with justice
  2. 2 Whether the sentences imposed were lawful, proportionate, and in line with new sentencing guidelines
  3. 3 Whether the trial magistrate erred in suspending portions of the sentences and ordering concurrency

Ratio Decidendi

The sentences imposed by the trial magistrate for robbery and rape were manifestly lenient, failed to comply with the mandatory and presumptive penalties under the new sentencing guidelines, and did not consider all aggravating circumstances or victim impact statements. The suspension of part of the rape sentence was unlawful, and the order for sentences to run concurrently was a misdirection. The sentence for rape is set aside and substituted with 20 years' imprisonment to run consecutively with the robbery sentence.

Court Disposition

Sentence for rape set aside and substituted; sentences to run consecutively; certificate withheld for robbery sentence; convictions confirmed.

Orders

  • The sentence of 20 years' imprisonment of which 4 years was suspended is set aside and substituted with 20 years' imprisonment.
  • The sentence for rape shall run consecutively with the sentence for robbery.