13
HH 547-23
CA 480/19
was an attack on the police or on other persons in lawful authority; or bodily injury or damage to
property occurred; or the person who has been convicted of the crime instigated an attack on the
police or other persons in lawful authority or instigated the infliction of bodily injury or the
causing of damage to property. In this case, it is common cause that there was widespread
violence on the 1 August, 2018 following the utterances by the appellant on the 31August 2018
during which members of the MDC Alliance destroyed a lot of property and engaged in running
battles with the Police. An effective term of imprisonment was called for to act as deterrent to
like-minded people. Unauthorised pronouncements concerning the outcome of an election are
not only unnecessary but are clearly motivated by the desire to incite the rejection of the official
results, yet elections are an emotive issue, hence the violence. Non-custodial options of
sentencing are not deterrent enough.
The appeal against sentence, therefore, also lacks merit.
In the result we order as follows:
The appeal is dismissed in its entirety.
CHATUKUTA J: Agrees ……………………………
Msendekwa-Mtisi, appellant’s legal practitioners
National Prosecuting Authority, respondent’s legal practitioners
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