This review judgment has been occasioned by the rather incomprehensible conduct by the learned Provincial Magistrate based at Masvingo Magistrates Court. It is difficult to understand as to why the learned Provincial Magistrate with all his experience would conduct himself as a loose cannon. The baffling thing is why he decided not to follow simple, straightforward and clear instructions outlined in the Order granted by this court. What is unfortunate is that the learned Provincial Magistrate would want to make this court part of the patently injudicious antics. More
Sentencing in any criminal matter, entails a delicate balancing act between mitigatory and aggravating factors in each case. It is a matter of discretion which can never be as precise as any mathematical calculation. It should however not be capriciously done but should generally capture the set legal guidelines. Above all punishment should be less retributive and more rehabilitative. More
The 37-year-old accused of Mateko village, Chief Ndanga, Zaka in Masvingo was arraigned before the Senior Regional Magistrate at Chiredzi for raping his 13-year-old daughter in grade 7 on six different occasions in 2018. More
Determining an appropriate sentence generally is not a easy task for any judicial officer. It entails making a delicate balance between competing interests. It is much easier where the statute prescribes a minimum mandatory sentence in which case the discretion of the court is ousted. More
The matter was referred to me by the Scrutinising Regional Magistrate at Masvingo.
The Regional Magistrate’s bone of contention is that the sentence imposed by the court a quo is manifestly lenient in light of the nature of the offence of robbery and that a knife was used to intimidate the complainant. Unfortunately the Regional Magistrate, besides citing certain decided cases does not proffer any suggestion as to what should be the appropriate sentence. More
