The
accused was seventy-nine years at the time of his conviction. He was convicted
by a Bulawayo Regional Magistrate on two counts of rape.,. He was sentenced to
eighteen years imprisonment on each count. Of the total of thirty-six years,
six years was suspended on the usual conditions of good future behavior. The
old man, who is in the afternoon, if not the sunset, of his life was therefore
sentenced to an effective thirty years imprisonment.
On
the one hand, the accused is a first offender. He is the sole breadwinner in
his family. He is widowed. Despite his advanced age, he has a child doing grade
one. On the other hand, this is a very serious form of sexual abuse, as rightly
observed by the Regional Magistrate. As a traditional healer, he abused a
patient who had consulted him.
The
individual sentences imposed in each count are excessive. More importantly, the
cumulative sentence of thirty years imprisonment is manifestly excessive and is
in excess of the outer-limit that our courts would ordinarily impose. The
sentence imposed here is disturbingly inappropriate. The exercise of the
sentencing discretion was tainted with misdirection, calling for interference.
Accordingly,
the convictions are confirmed. I, however, set aside the sentence imposed by
the trial court and the following is substituted:
Count
One - Ten years imprisonment
Count
Two - Ten years imprisonment
Of the total of twenty years, six years is
suspended for four years on condition the accused in that period does not
commit an offence of rape or an offence of a sexual nature and for which he is
convicted and sentenced to imprisonment without the option of a fine.
