HIGH COURT OF ZIMBABWE
MATHONSI AND MAKONESE JJ
BULAWAYO 4 JUNE 2018 AND 7 JUNE 2018
E Mandipa for the appellant
W Mabaudhi for the respondent
MATHONSI J: The accused was convicted by a magistrate at Gweru on 11 October 2016 and sentenced in count 1, to 8 months imprisonment of which 4 months imprisonment was suspended for 5 years on condition of future good behaviour. A further 4 months was suspended on condition he completed 140 hours of community service. In count 2 he was sentenced to 4 months imprisonment wholly suspended on condition of future good behaviour.
He appealed against both conviction and sentence arguing that the state had failed to prove the commission of the offence beyond a reasonable doubt especially as his defence had not been rebutted. In fact his defence had been that he had been hired by Emmanuel Masimba, a security guard employed within the same area, to ferry his groceries from the complainant’s premises in town to Mkoba 17 for a fee of $7-00. Therefore he had not unlawfully entered the premises but did so lawfully with the authority of Masimba. He had not stolen the bags containing jumbos, zapnax, maputi, nanax and jiggies. He had been in his Honda Fit motor vehicle which had just driven into the complainant’s yard through an opening made by removing