News / National
Jailed armed robber fights 36-year sentence
04 Apr 2018 at 10:49hrs | Views
ONE of the seven armed robbers who were jailed for a combined 321 years following a spate of carjacking and robbery cases in the southern region of the country, has approached the High Court challenging his sentence.
The seven stole property worth more than $25 000 in nine weeks between August and October last year.
Bonface Vutete (38) of Mberengwa, the mastermind of the gang, was sentenced to 56 years in jail.
Vutete, who is a self-actor, has filed an application for appeal against sentence at the Bulawayo High Court citing the State as the respondent.
In papers before the court, Vutete said the sentence was too harsh and not justified in the circumstances.
"I submit with due respect and without any undue influence that I dissent with the trial court that the sentence is justified hence I feel it is improper and unsafe at law. The sentence was manifestly excessive and harsh to an extent that it induced a sense of shock," he said.
Vutete argued that there was an impermissible and unjustified splitting of charges which subsequently resulted in harsh cumulative sentences.
"I humbly pray for the sentence to be reduced so that it is not harsh and excessive and it should meet the justice of the case. May this honourable courtreview the issue of the split charges so as to come up with a reformative sentence," said Vutete.
He said the lower court erred by not putting his mitigatory factors into consideration when it imposed the sentence.
Vutete was sentenced to an effective 36 years after 20 years were conditionally suspended on different counts.
Three Bulawayo regional magistrates, Mrs Sibongile Marondedze, Mr Joseph Mabeza and Mr Chrispen Mberewere took turns to preside over the cases, which were divided into eight records.
Vutete, Nyashadzashe Hove (34), Timothy Munhare (31), Handsome Sibanda (29), Tanaka Mboti (22) and Simbarashe Tatenda Shumba (31) as well as Terrence Sibanda (23) pleaded guilty to all the charges which included multiple counts of robbery, carjacking and possession of unlicensed firearms.
According to State papers, between August 13 and October 28 last year, the seven men connived and went on a robbery spree.
On August 13, the gang hired a taxi driver from a Bulawayo hotel to Matsheumhlophe. They were charged $9 which they promised to pay upon arrival.
Along the way, they throttled the driver with a rope, tied both his legs and hands before threatening him with knives. They robbed him of $19 and a cellphone and drove away in his Honda Fit vehicle.
Two days later, the armed robbers used the same modus operandi to rob another taxi driver, Mr Samuel Sibanda of his car, a Toyota Fancargo, a pair of boots and two cellphones.
On September 25, they pounced on another taxi driver who had stopped at a robot at the intersection of First Avenue and Fife Street at about midnight. One of them pointed a gun at the driver and the others jumped into the vehicle. They tied him up and stole his car and other valuables.
In October, the seven men ganged up and drove to Rutenga, Mwenezi in Masvingo Province, where they robbed a shop and were spotted driving the stolen vehicle.
Members of the public chased them at high speed until their vehicle burst a tyre. The suspects abandoned it and fled on foot.
In another robbery, the gang hired a taxi driver from the Bulawayo city centre to Trenance suburb.
They paid $8 which they were charged, and once in Trenance, they turned against the taxi driver, tied him up while the other one covered his head with a jacket.
They took the car and left him tied to a tree. The vehicle was later recovered in Masvingo.
Using the same tactic, on October 28, the gang attacked a driver and left him tied to a tree in Manningdale suburb. They robbed him of $12 and a cellphone before driving away.
A few days later, the seven men armed themselves with toy guns and went to Engen Garage in Filabusi where they robbed Ms Samkeliso Moyo of a cellphone and $1 000.
On the same day, they went to Matshologwane Business Centre in Filabusi and robbed Ms Siboniso Ndlovu of $30, a bicycle and a pair of shoes.
During one of their armed robberies at Flo Petroleum Service Station in Glengarry in Bulawayo, the gang tied up fuel attendants and put on their uniforms to serve clients before getting away with $300, three cellphones, two wedding rings, wrist watch and a bag with particulars.
They were arrested by detectives from the Bulawayo Criminal Investigation Department Vehicle Theft Squad following a tip-off.
The seven stole property worth more than $25 000 in nine weeks between August and October last year.
Bonface Vutete (38) of Mberengwa, the mastermind of the gang, was sentenced to 56 years in jail.
Vutete, who is a self-actor, has filed an application for appeal against sentence at the Bulawayo High Court citing the State as the respondent.
In papers before the court, Vutete said the sentence was too harsh and not justified in the circumstances.
"I submit with due respect and without any undue influence that I dissent with the trial court that the sentence is justified hence I feel it is improper and unsafe at law. The sentence was manifestly excessive and harsh to an extent that it induced a sense of shock," he said.
Vutete argued that there was an impermissible and unjustified splitting of charges which subsequently resulted in harsh cumulative sentences.
"I humbly pray for the sentence to be reduced so that it is not harsh and excessive and it should meet the justice of the case. May this honourable courtreview the issue of the split charges so as to come up with a reformative sentence," said Vutete.
He said the lower court erred by not putting his mitigatory factors into consideration when it imposed the sentence.
Vutete was sentenced to an effective 36 years after 20 years were conditionally suspended on different counts.
Three Bulawayo regional magistrates, Mrs Sibongile Marondedze, Mr Joseph Mabeza and Mr Chrispen Mberewere took turns to preside over the cases, which were divided into eight records.
Vutete, Nyashadzashe Hove (34), Timothy Munhare (31), Handsome Sibanda (29), Tanaka Mboti (22) and Simbarashe Tatenda Shumba (31) as well as Terrence Sibanda (23) pleaded guilty to all the charges which included multiple counts of robbery, carjacking and possession of unlicensed firearms.
According to State papers, between August 13 and October 28 last year, the seven men connived and went on a robbery spree.
Along the way, they throttled the driver with a rope, tied both his legs and hands before threatening him with knives. They robbed him of $19 and a cellphone and drove away in his Honda Fit vehicle.
Two days later, the armed robbers used the same modus operandi to rob another taxi driver, Mr Samuel Sibanda of his car, a Toyota Fancargo, a pair of boots and two cellphones.
On September 25, they pounced on another taxi driver who had stopped at a robot at the intersection of First Avenue and Fife Street at about midnight. One of them pointed a gun at the driver and the others jumped into the vehicle. They tied him up and stole his car and other valuables.
In October, the seven men ganged up and drove to Rutenga, Mwenezi in Masvingo Province, where they robbed a shop and were spotted driving the stolen vehicle.
Members of the public chased them at high speed until their vehicle burst a tyre. The suspects abandoned it and fled on foot.
In another robbery, the gang hired a taxi driver from the Bulawayo city centre to Trenance suburb.
They paid $8 which they were charged, and once in Trenance, they turned against the taxi driver, tied him up while the other one covered his head with a jacket.
They took the car and left him tied to a tree. The vehicle was later recovered in Masvingo.
Using the same tactic, on October 28, the gang attacked a driver and left him tied to a tree in Manningdale suburb. They robbed him of $12 and a cellphone before driving away.
A few days later, the seven men armed themselves with toy guns and went to Engen Garage in Filabusi where they robbed Ms Samkeliso Moyo of a cellphone and $1 000.
On the same day, they went to Matshologwane Business Centre in Filabusi and robbed Ms Siboniso Ndlovu of $30, a bicycle and a pair of shoes.
During one of their armed robberies at Flo Petroleum Service Station in Glengarry in Bulawayo, the gang tied up fuel attendants and put on their uniforms to serve clients before getting away with $300, three cellphones, two wedding rings, wrist watch and a bag with particulars.
They were arrested by detectives from the Bulawayo Criminal Investigation Department Vehicle Theft Squad following a tip-off.
Source - zimpapers