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    Friday, 2 November 2018

    High Court Judge slashes Zaka rapist’s sentence

    SIMBARASHE MTEMBO

    MASVINGO - Masvingo High Court Judge, Justice Garainesu Mawadze has overturned a 90-year-jail sentence against a Zaka man who impregnated his daughter after raping her on six different occasions.
     Farai Chimhasi had his sentence slashed down to 45 years.
    Justice Mawadze noted that the sentence by Chiredzi regional magistrate was excessive and required interference from the High Court. He overturned the sentence during a review of the case where the accused was slapped with 15 years’ imprisonment for each count bringing the tally to 90 years.
    Justice Mawadze made two sentences each to run concurrently thereby reducing the  sentence to 45 years.
    “What pricked my judicial mind is the propriety of the sentence imposed in all the 6 counts, I say so because the accused was initially sentenced to 17 years imprisonment in each of the 6 counts which would result in a total of 102 years imprisonment.
    I am satisfied that the individual sentence of 15 years imposed in each count cannot be said to be excessive given the aggravating factors arising from the accused’s conduct. Be that as it may, it is the cumulative effect of 90 years imprisonment for 6 counts of rape which I find to be manifestly excessive to the extent that it constitutes a misdirection warranting interference by this court,” reads part of the criminal review document in possession of The Mirror.
    It was the State Case that the accused raped his daughter on six separate counts between February and August 2018. He raped her once in February, once in March and once in April before raping her twice on the same day in June with the last rape count being in August.
    The accused raped his daughter at the homestead while his wife, mother to the complainant was absent and he would threaten the complainant not to disclose the rape.
    The matter was reviewed after the complainant told the horrific ordeal to her school counsellor leading to a police report.
    She was examined and found pregnant. 



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