By Agencies
The High Court of Bulawayo has reduced sentences for three men who are serving time following conviction for attempted rape ruling that magistrates who handled their cases erred in punishing them by imposing sentences given to rapists upon conviction.
The three are Ngonidzashe Nkomo, Nqobani Nyathi and Sydney Sibanda.
They were serving 15 years each after they were convicted by Plumtree and Bulawayo Magistrates respectively.
After the reduction of their sentences, Nkomo will now serve 10 years effective and Nyathi seven years.
Sibanda will serve nine years effectively for the two counts he was convicted of.
In handing down his ruling, Bulawayo High Court judge Maxwell Ndlovu said a measure of mercy is an element of justice.
“The three convicted offenders committed serious offences.
“However, they committed attempted rape and not rape.
“The legislature did not say none of it shall be suspended, precedent is that an attempt to commit a crime is punished less than the commission of the full crime.
“Appropriate penalties are appreciated and called for at all times,” he said.
Ndlovu also said the public must have confidence in and an appreciation of how offenders are punished.
“Put differently, the courts must pass sentences that make sense from a simple point of logic to an average citizen.
“Not to differentiate the punishment one gets for raping and one gets for attempting to rape can hardly make sense let alone build the trust and confidence in the judicial system in the eyes of the members of the public the courts serve.
“Suspending part of the prison term is not a reduction of sentence. It serves to shepherd one ‘s future conduct.
“The offender’s good behaviour in future is a win-win for everyone. It gives justice to wear a human face.
“It enables the penalty to fit the crime, the offender and the interests of society. In any case, a punishment that is not blended with a sufficient measure of mercy is wanted in civilisation,” he ruled.
Nkomo was found guilty of attempting to rape a seven-year-old girl after meeting her on her way from school.
The girl bolted from his grip as he was trying to unzip his trousers.
He pleaded guilty to the offence.
Nyathi pleaded guilty to attempting to rape a 23-year-old pregnant woman after dragging her out of her bedroom to a nearby field.
He was nabbed by a neighbour while wrestling with the victim.
Sibanda’s victim survived the rape after biting him as he was unzipping his trousers.
He also pleaded guilty to the charge.
