News / National
Dudu Manhenga appeals jail sentence
13 Nov 2014 at 19:38hrs | Views
Jazz song bird Duduzile Manhenga convicted and jailed for the negligent killing of motor cyclist Graham Milward through a road traffic accident while driving without a licence 3 years ago, may be spared jail time.
Dudu, who was last year found guilty of gross negligence which resulted in the death of Milward and jailed 2 years, is likely to be spared jail time following her appeal at the High Court.
Presiding over the latest appeal against sentence and conviction, Justices Francis Bere and Charles Hungwe reserved their ruling over the application filed by Manhenga's lawyers Isiah Mureriwa and Evans Moyo.
In her appeal, Manhenga argued the magistrate erred in finding her guilty of gross negligence without establishing the circumstances surrounding the accident and also failing to take into account mitigatory features of the case.
The state represented by Mrs Sharon Fero counter-argued that the court looked at accepted facts the only reasonable inference to be drawn from Manhenga's conduct of turning right in front of oncoming traffic was an act of gross negligence.
The court disagreed with the state's line of reasoning saying a lot of other inferences could be drawn since it was not established whether the deceased negligently contributed to his demise, at what speed appellant was driving and whether she applied brakes or not and if the deceased was also licensed or not.
The bench added that turning right in front of oncoming traffic is also a particular for ordinary negligence and the state failed to prove whether indeed the accused was grossly negligent.
The state conceded on this score and moved that a non-custodial sentence of 24 months, 12 of which are wholly suspended on the usual conditions and the 12 commuted to community service would suffice to meet justice.
The court reserved its ruling after Mureriwa urged the court to consider a monetary punishment.
Dudu, who was last year found guilty of gross negligence which resulted in the death of Milward and jailed 2 years, is likely to be spared jail time following her appeal at the High Court.
Presiding over the latest appeal against sentence and conviction, Justices Francis Bere and Charles Hungwe reserved their ruling over the application filed by Manhenga's lawyers Isiah Mureriwa and Evans Moyo.
In her appeal, Manhenga argued the magistrate erred in finding her guilty of gross negligence without establishing the circumstances surrounding the accident and also failing to take into account mitigatory features of the case.
The state represented by Mrs Sharon Fero counter-argued that the court looked at accepted facts the only reasonable inference to be drawn from Manhenga's conduct of turning right in front of oncoming traffic was an act of gross negligence.
The court disagreed with the state's line of reasoning saying a lot of other inferences could be drawn since it was not established whether the deceased negligently contributed to his demise, at what speed appellant was driving and whether she applied brakes or not and if the deceased was also licensed or not.
The bench added that turning right in front of oncoming traffic is also a particular for ordinary negligence and the state failed to prove whether indeed the accused was grossly negligent.
The state conceded on this score and moved that a non-custodial sentence of 24 months, 12 of which are wholly suspended on the usual conditions and the 12 commuted to community service would suffice to meet justice.
The court reserved its ruling after Mureriwa urged the court to consider a monetary punishment.
Source - zbc
