High court overturns 10-Year sentence for Chinhoyi...

High court overturns 10-Year sentence for Chinhoyi man

Zim Now Writer

The High Court has set aside a 10-year mandatory sentence imposed on Luckmore Mutsindiko, a Chinhoyi man convicted of stealing an electric cable from Athenzi Farm. The court's decision has been hailed as a victory for justice and a testament to the importance of upholding the rule of law.

Mutsindiko's ordeal began in January 2022, when he was arrested and charged with contravening Section 60 A (3) (1) of the Electricity Act. Despite pleading guilty to the charge, Mutsindiko was slapped with the minimum mandatory sentence of 10 years imprisonment.

However, upon reviewing the case, High Court judge Justice Philda Muzofa discovered a series of irregularities that led to Mutsindiko's wrongful conviction and sentencing. The judge noted that the charge was poorly drafted and that the trial magistrate had failed to pick up on the fact that the alleged offense was actually a simple theft.

Justice Muzofa ruled that Mutsindiko's conviction and sentence were a misdirection, stating that "an accused must never be convicted on a charge different from the alleged facts as in this case." The judge also pointed out that the trial court had failed to address its mind to the facts of the case, leading to Mutsindiko being convicted of theft but sentenced for a more serious offense.

In light of these findings, Justice Muzofa quashed the proceedings and remitted the matter for a trial de novo before a different magistrate. The judge also ruled that in the event of Mutsindiko's conviction, the period already served must be taken into account during sentencing.