Sentence
In
considering an appropriate sentence, we have been guided by the following
factors; the accused is a first offender with unusually heavy family responsibilities
thrust upon her.
She
is not only looking after her mentally challenged daughter, Shingairai Shoko,
but is also looking after Shingairai Shoko's child from an earlier abortive
marriage. She has been in custody ...
Sentence
In
considering an appropriate sentence, we have been guided by the following
factors; the accused is a first offender with unusually heavy family responsibilities
thrust upon her.
She
is not only looking after her mentally challenged daughter, Shingairai Shoko,
but is also looking after Shingairai Shoko's child from an earlier abortive
marriage. She has been in custody ever since these allegations arose on 3 May
2013. The accused strikes us as a frail woman who requires to be treated with
extreme mercy.
In
aggravation, we note with concern the accused's inclination towards crime. She
attempted to bribe the two members of the Neighbourhood Watch Committee with
two goats in order to stop them from carrying out their duties. The accused is
supposed to be Shingairai Shoko's mentor but she corrupted the girl's thinking
by conspiring with her to depose of the deceased in the manner they did.
The
accused is sentenced as follows;
Six
months imprisonment of which three months imprisonment is suspended for a
period of 5 years on the condition that within that period the accused person
does not commit any offence involving concealment of birth of a child for which
upon conviction she will be sentenced to imprisonment without the option of a
fine.
The
remaining three months imprisonment is wholly suspended on the condition that
the accused completes 105 hours of community service at Chamatutu Primary
School in Chikofa Village, Chivi. The community service is to be performed
every Monday to Friday, other than a Public Holiday, from 0800 hours to 1300
hours and then from1400 hours to 1600 hours. It is to be performed to the
satisfaction of the person in charge who may, on any good cause shown, grant
leave of absence on any number of days. Such leave of absence shall not form
part of the community service performed. To start on 23 June 2014.
