HH 455-18 SIMON TAKARUZA v THE STATE

SIMON TAKARUZA

versus

THE STATE

 

 

 

HIGH COURT OF ZIMBABWE
CHAREWA J
HARARE, 8 August 2018

 

 

 

Chamber Application - for condonation of late noting of appeal and leave to prosecute the appeal in person

 

In Chambers
 

 

CHAREWA J: The applicant was convicted on his own plea of 49 counts of robbery and sentenced to 36 years imprisonment. The applicant committed the offences while armed with a machete, a spear and catapults. In furtherance of the commission of the crime the applicant perpetrated acts of violence on the victims, inflicting or intending to inflict serious bodily harm to some of the victims, which includes trying to burn them alive, breaking bones and teeth as well as throttling some of the victims and leaving others for dead. Some of the victims have been left with permanent disability.

The 49 counts were committed over a period spanning just over 2 months, from 24 May 2017 to 5 August 2017.

In arriving at the sentence, the magistrate considered the following:

a)      That the applicant was a first offender who pleaded guilty and did not waste the court’s time

b)      That the applicant was a family man who should be given an opportunity to look after his family.

            However, the magistrate found the aggravating features to far outweigh the mitigatory features in that the applicant went on a rampage, committing 49 counts of robbery wherein violence was used to force victims to relinquish their property. The violence in some 

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2018