News / Local
Fidelis Fengu challenges 4 months jail sentence
26 Oct 2015 at 12:45hrs | Views
Fidelis Fengu, who was jailed for four months by a Harare magistrate a week ago over a conviction on extortion charges, has approached the High Court challenging both his conviction and sentence.
Justice Garainesu Mawadze presided over Fengu's bail application, but the matter could not be heard as the State is still to respond, prompting the Judge to postpone it to Wednesday.
Fengu was convicted by Harare magistrate Elijah Makomo of swindling a Chinese national Shu Xiaofeng in the sum of US$3000 in a botched resident permit deal.
At the close of the trial, the magistrate sentenced Fengu to a total 12-months' imprisonment, but suspended 8 months of the total sentence on condition of good behaviour and restitution.
Last Thursday, Fengu, through his lawyer Rungano Mahuni, filed an application arguing Makomo erred when he made his determination
He accused the lower court or erring by entering and recording a plea of guilty without adequately making an enquiry as to whether he had admitted to all the essential elements of the offence.
Mahuni said the court grossly misdirected itself by entering a plea of guilty without satisfying itself that Fengu was aware of the essential elements on the record that he was admitting to.
He further accuses the magistrate of misdirection by passing a sentence which by all standards inspires a sense of shock as abhorred by the law and the trite principles of sentencing.
Justice Garainesu Mawadze presided over Fengu's bail application, but the matter could not be heard as the State is still to respond, prompting the Judge to postpone it to Wednesday.
Fengu was convicted by Harare magistrate Elijah Makomo of swindling a Chinese national Shu Xiaofeng in the sum of US$3000 in a botched resident permit deal.
At the close of the trial, the magistrate sentenced Fengu to a total 12-months' imprisonment, but suspended 8 months of the total sentence on condition of good behaviour and restitution.
He accused the lower court or erring by entering and recording a plea of guilty without adequately making an enquiry as to whether he had admitted to all the essential elements of the offence.
Mahuni said the court grossly misdirected itself by entering a plea of guilty without satisfying itself that Fengu was aware of the essential elements on the record that he was admitting to.
He further accuses the magistrate of misdirection by passing a sentence which by all standards inspires a sense of shock as abhorred by the law and the trite principles of sentencing.
Source - zbc
