Criminal
Appeal
MUZENDA
J:
On
11 October 2019 the appellant was convicted of contravening section
53(2) of the Road Traffic Act [Chapter
13:11]
for reckless driving and was sentenced to 2 years imprisonment, in
addition he was prohibited from driving commuter omnibuses or heavy
vehicles for the rest of his life in term of section 54(4)(a)(b),
further appellant's licence was cancelled.
The
appellant noted an appeal against both conviction and sentence.
The
state does not oppose the appeal in terms of section 35 of the High
Court Act [Chapter
7:06]
more particularly on the aspect of conviction.
Having
read the arguments presented before us by both counsel, we have the
view that the concession by the state as against conviction was
properly made and the conviction of the appellant for contravening
section 53(2) of the Road Traffic Act [Chapter
13:11]
is set aside and substituted by a conviction for contravening section
52(2) of the Road Traffic Act, that is for dangerous driving.
As
regards sentence, the conviction of reckless driving has been set
aside, this court is at large to interfere with the sentence of 2
years imprisonment.
The
Act provides an option of a fine of level 10 or for imprisonment of 1
year or to both.
The
manner the appellant drove on the day in question exposed both
passengers and human traffic to serious danger, it is fortunate that
no one died on the day in question.
The
conviction of appellant for dangerous driving is equally serious and
it is my considered view that a fine will meet the justice of the
case when cumulatively taken with the imminent prohibition.
In
the result the following order is returned:
(a)
Both appeals against conviction and sentence are upheld.
(b)
Accused is found guilty for contravening section 52(2) of the Road
Traffic Act [Chapter
13:11]
dangerous driving.
(c)
RTGS 6,000 or in default of payment 5 months imprisonment.
(d)
Accused is prohibited from driving class 1 and 2 motor vehicles for a
period of 2 years.
MWAYERA
J agrees _______________
Chibaya
& Partners,
appellant's legal practitioners
National
Prosecuting Authority,
State's legal practitioners
