The
accused was properly convicted by a Gweru Provincial Magistrate of robbery.,. He
was sentenced to a fine of $900,000.00 or in default thereof three months'
imprisonment.,. An additional sentence of three months was imposed but wholly
suspended for five years on condition of future good behavior.
The
sentence imposed is disturbingly lenient.
For
robbery, imprisonment is normally justified, even for first offenders. Even
where small amounts are stolen without violence, prison sentences are called
for.
As
rightly observed in.,:
"The
offence consists of the two elements of violence and dishonesty. Normally, an
individual can avoid situations which lead to violence and the danger of his
being assaulted, by taking the necessary precautionary measures. Similarly, he
can take steps to guard against his property being stolen. It is, however, a
different matter when it comes to robbery. The victim cannot take precautions
against robbery. In his day-to-day living, he visits friends, goes to work, and
goes shopping. This is usually when robbers strike. Robbers often roam the
townships in gangs, attacking innocent people, depriving them of their property
and almost invariably injuring the victims, sometimes seriously. The persons
robbed are more often than not women or elderly people who cannot defend
themselves. It must also be remembered that robbery is always a deliberately
planned crime."
A
custodial sentence in the region of two to three years was called for in casu.
Accordingly, I decline to certify these
proceedings as being in accordance with true and substantial justice. I withhold
my certificate.
