Amos Zhakata was convicted on two counts of stock theft and
sentenced to nine years on each count.
After an automatic review by High Court judge, Justice
Munamato Mutevedzi, the court noted that the two counts were split
unnecessarily.
“The only difference in the charges in the two counts is
the description of the bovines stolen.
“In count one, the accused stole a grey ox while in count
two, he stole a black cow.
“The outlines of the State’s case in both counts are
equally similar in every detail.
“Once he was convicted of two counts of the offence, it was
mandatory that the accused received the minimum sentence on each count,” ruled
Justice Mutevedzi.
He also said the magistrate had failed to exhaust all her
options.
“As a result, the accused is due to serve 18 years
imprisonment.
“To cure this, the magistrate had the option to order the
two sentences to run concurrently, with each other.
“She did not exercise that option. The result is that the accused’s sentence was
doubled in a situation where he should have been convicted on one count,” ruled
the judge.
The judge corrected the proceedings by ordering that: “The
sentence of nine years imprisonment in count two shall run concurrently with
that in count one.
“The trial magistrate must recall the accused to explain to
him the import of this judgment and ensure that the warrant of committal is
appropriately amended,” he said. H Metro
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