High Court judges Justices Esther Muremba and Deputy Judge President Garainesu Mawadze have urged the legislature to broaden the sentencing jurisdiction of regional magistrates so they can impose sentences that more accurately reflect the severity of the offences they adjudicate.
Currently, magistrates' sentencing powers are limited to just 12 years, despite their handling of serious and complex criminal cases.
Under the new sentencing guidelines, robbery offences committed under aggravating circumstances carry a presumptive penalty of 20 years imprisonment.
This is significantly higher than the 12-year cap imposed on regional magistrates for such offences, as outlined in section 51(2)(b)(ii) of the Magistrates Court Act [Chapter 7:10].
When the presumptive penalty surpasses the limits of magistrate jurisdiction, cases must be referred to higher courts that can impose appropriate sentences.
This call to action from the judges was prompted by the case of armed robbers Israel Mufure (22) and Charles Murinda (55), who terrorised a school in Norton by robbing five teachers in a dramatic style using a pellet gun to intimidate their victims.
Both individuals faced charges and were convicted of five counts of robbery and one count of unlawful entry into premises. They each received a 10-year prison sentence for the first five robbery counts, which were consolidated for sentencing purposes, and another 10 years for the sixth count.
Justice Muremba expressed concern that the sentence was excessively lenient, given the nature of the offence.
"I have reservations regarding the sentence for the first to fifth counts, which I find to be unduly lenient considering the aggravating circumstances under which the robberies were committed," said Muremba.
She went on to explain how she had queried the regional magistrate about the 10-year sentence for multiple counts of robbery committed under aggravating circumstances.
"When I queried the learned regional magistrate about the 10-year sentence for five counts of robbery committed under aggravating circumstances, given the presumptive penalty of 20 years' imprisonment for one count, she replied that her jurisdiction in robbery cases is limited to 12 years under section 51(3) of the Magistrates Court Act [Chapter 7:10]," Muremba noted.
Muremba indicated that the magistrate did not elaborate on her reasoning or clarify why she considered 12 years to be the normal range for a sentence in light of the higher presumptive penalty detailed in the guidelines.
"The regional magistrate handling this matter should have been aware of this when sentencing the accused.
"She should have acknowledged in her sentencing judgment that the presumptive penalty exceeded her jurisdictional limits and explained her approach to sentencing the accused in light of this discrepancy."
Muremba said the belief that the maximum sentencing jurisdiction reflects the normal sentencing range raises significant concerns.
"While adhering to jurisdictional limits is necessary, this view may indicate a disconnect from the sentencing guidelines, which suggest a presumptive penalty of 20 years. It appears the learned regional magistrate has not fully embraced or given due weight to the new sentencing framework," the judge said.
She pointed out that regional magistrates predominantly handle robbery cases with aggravating circumstances.
"Therefore, it is crucial that their sentencing jurisdiction be expanded to ensure that they can adequately and efficiently impose sentences that reflect the severity of these offences."
Muremba highlighted that current alternatives to extending magistrates' sentencing jurisdiction are often cumbersome, unclear, and may lack rationality depending on the circumstances.
"By increasing the sentencing powers of magistrates, we can streamline the judicial process, reduce delays, and ensure that justice is served in a timely and fair manner," she stated.
Both Muremba and Mawadze asserted that this modification would foster consistency and uniformity in sentencing, ultimately bolstering public trust in the judicial system.
"I urge the legislature to consider this judgment and prioritise the necessary amendments to the Magistrates Court Act.
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"Aligning magistrates' sentencing jurisdictions with the presumptive penalties will not only facilitate more effective sentencing but will also uphold the principles of justice and equity in our legal system."
Muremba concluded that "Referring such cases for sentencing to the High Court is a cumbersome process that delays the finalisation of these matters."
The court learned that Mufure and Murinda targeted five teachers at a primary school in the Norton farming area.
The two men had knocked on doors, forced the teachers to comply using a pellet gun, and stripped them of their belongings.
Some victims were confined in their rooms during the ordeal.
Following the robbery, they broke into the headmaster's office and stole property valued at US$1,800.00, of which US$1,000.00 was recovered upon their arrest.
After committing the crimes in Norton, the defendants hired a vehicle and travelled to Gokwe with the stolen items, where the recovered property was eventually located.
