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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