HARARE – Appeal court judges have told a serial armed robber and rapist that he was “lucky” to get a 53-year prison sentence.
Martin Mabvumba terrorised motorists along the Kwekwe-Gweru and Gweru-Shurugwi highways while armed with a knife.
After being jailed for 53 years by a magistrate, with 10 years conditionally suspended, Mabvumba appealed to the High Court arguing that the sentence was harsh.
But judges of appeal sitting at the Harare High Court – Justices Christopher Dube-Banda and Moses Foroma – ruled that Manvumba deserved way more than the 53 years he got as the trial court overlooked some of the allegations he was facing.
Mabvumba was charged and convicted on five counts of robbery and one of rape.
He is serving an effective 43 years in prison.
He did not challnge his conviction, his gripe was with the sentences imposed by the trial court.
He argued that the magistrate was emotional and allowed his emotions to cloud his judgment to a point of exaggerating the seriousness of the offences.
He also argued that the lower court failed to take note of the affinity of some of the counts of similar nature, some committed on the same day and area, a fact which ought to have persuaded the magistrate to order that the sentences should run concurrently.
However, the judges of appeal said concurrent sentences are usually appropriate where the offences arise out of the same incident or same facts.
“The appellant went on a robbery spree to rob complainants of their valuable property. The offences were premeditated and meticulously planned with three taking place along the Gweru-Kwekwe Road and two along the Gweru-Shurugwi Road and within a space of five days and almost on a daily basis. His moral blameworthiness is quite clearly very high,” said the judges.
The High Court also said the lower court was alive to the fact that Mabvumba was both a youthful first offender and did not use firearms in the commission of the crimes.
“He benefited from his youthfulness and being a first offender as reflected in a total suspended sentence of 10 years from the total 53 years,” the judges observed.
“Looking at the circumstances of the commission of the offences, the appellant must count himself lucky that counts 2 and 3 involving rape and robbery were treated as one for purposes of sentence.
“A conviction of rape in aggravating circumstances on its own ordinarily attracts a sentence of at least 15 years imprisonment.
“We were not persuaded by the appellant’s plea to interfere with the sentence and order that they run concurrently.
“Four of the robbery counts the appellant was convicted of do not arise out of the same incident or facts and are widely separated in time and place.
“They being serious offences, the trial court cannot be faulted for deciding to treat them as individual counts for purposes of sentence.”
The judges also said the sentences of 10 years for each count of robbery are extremely lenient when one has regard to the aggravating circumstances of the case.
“Sentences of 20 years with portions suspended on the usual conditions would have met the justice of the case,” said the judges.
“The sentences imposed on the appellant are in our view appropriate. They are neither harsh nor do they induce a sense of shock. The appellant should count himself lucky that he got away with lenient sentences. We found no misdirection on the part of the court a quo which exercised its discretion judiciously.”
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