CHEDA J: This is an application for bail pending
appeal against conviction and sentence.
The background of this matter is that appellants were charged with one
count of attempted murder and another one of contravening section 27(d) of the
Firearms Act, chapter 10:09. It was
alleged that on the 11th of October 2009 at Dingumuzi Township
Plumtree, applicants together with co-accused discharged firearms in public
which resulted in complainant being hit with one of the bullets.
They pleaded not guilty
but were however, convicted on both counts and on the first count were sentenced
to 7 years imprisonment of which 3 years imprisonment was suspended for 5 years
on the usual conditions and on the second count they were sentenced to 3 months
imprisonment which was ordered to run concurrently.
Applicants have argued
that there are good and sufficient reasons for their success on appeal as they
were acting according to the order and instructions of one Victor Mago who was
their superior.
Upon perusal of the
record, the circumstances surrounding the commission of this offence did not
warrant appellants' actions on unarmed civilians. Their conduct was quite reprehensible. I do not see them succeeding on appeal to an
extent of avoiding an effective prison term.
Use of a firearm in a military fashion in that manner calls for a harsh
sentence, a firearm generally kills it is fortuitous that it injures hence the
need for an effective prison term.
In light of the above,
it would not be proper for a person who is rightfully supposed to be in prison,
to be temporarily released but to be ordered back again as if his previous
release was to enable him to enjoy some deserved holiday.
I am of the considered
view that appellants' chances of success on appeal are indeed nil and as such
they should be denied bail.
Accordingly, this
application is dismissed.
Messrs T. Hara and Partners, Applicants Legal
Practitioners
Criminal Division, Attorney
General's office, Respondent's Legal Practitioners
