On 22 January 2020, we dismissed the appeal in this matter after hearing counsel and indicated that our reasons would follow. These are they.On 15 July 2019, the appellant was convicted and sentenced to 10 years imprisonment for contravening section 89(4)(b) of the Post and Telecommunication Act [Chapter 12:05]: it ...
On 22 January 2020, we dismissed the appeal in this matter after hearing counsel and indicated that our reasons would follow. These are they.
On 15 July 2019, the appellant was convicted and sentenced to 10 years imprisonment for contravening section 89(4)(b) of the Post and Telecommunication Act [Chapter 12:05]: it being alleged, that, on 6 December 2018, and near PG Safety Glass Workshop, along Vhumba Road, Mutare, the appellant, without lawful cause, cut and stole 20.06 kilogrammes of underground telecommunications line belonging to or used by a communication licence holder.
Secondly, the appellant was also convicted and sentenced to 6 months imprisonment, which was to run concurrently with the ten years in Count One, for contravening section 40(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] for possession of articles for criminal use; the State alleged, that, on 14 December 2018, at House No.6 Lister Road, Hospital Hill, Mutare, the appellant, without lawful excuse, had in his custody or possession articles for criminal use in theft; that is two (2) bolt cutters; hacksaws; one (1) unfunctional pellet gun; and an electric shocker.
The appellant noted an appeal against both conviction and sentence in Count 1....,.
On Count Two, of possession of articles of criminal use, he stated that they did not belong to him and hence was not in possession of those articles. There were so many people who resided at No.6 Lister Road, so it might be possible that one of those people might be the owner of the articles.
