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Mashudu Netsianda, Senior Court Reporter
THE High Court has quashed the sentence of a Mberengwa security guard who was jailed for 12 months for stealing 53 packets of sugar worth $90 after breaking into his employer’s shop.

Square Zondo (35) was in February this year convicted of theft and unlawful entry by a Mberengwa magistrate who sentenced him to an effective one year imprisonment.

Dissatisfied with the sentence, Zondo through his lawyers Mutendi, Mudisi and Shumba Legal Practitioners, lodged an appeal at the Bulawayo High Court citing the State as the respondent.

Zondo challenged the sentence, arguing that it was too harsh and a reflection of misdirection by the magistrate who presided over the matter. Bulawayo High Court judge Justice Nicholas Mathonsi set aside the sentence and substituted it with 315 hours of community service.

“In the result, it is ordered that the appeal against the sentence is hereby upheld. The sentence of the court a quo is set aside and substituted with 12 months imprisonment of which four months is suspended for three years on condition that during that period appellant is not convicted of a similar offence. The remaining eight months is suspended on condition that the appellant completes 315 hours of community service at Mberengwa Police Station,” ruled the judge.

The community service starts on Monday.

The judge said there was misdirection on the part of the magistrate.

The judge said the magistrate should have taken into account the fact that Zondo is a widower earning a paltry $180 a month with a large family of 10 that looks to him for support.

“This is a person who succumbed to human temptation and tried to take advantage of a situation. The appellant did not benefit from the offence and the complainant only suffered potential prejudice as Zondo was immediately arrested. He stole out of need as opposed to greed and it becomes apparent that he should have benefited from a sentence of community service,” said Justice Mathonsi.

The court heard that on February 3 this year while guarding Tees Marketing Yorks in Mberengwa, Zondo spotted a broken window pane. He then shoved his hand through the damaged window pane and fished out 53 packets of 2kg sugar each.

He ran out of luck when an onlooker spotted him while he was in the process of stealing and he alerted a police officer leading to Zondo’s arrest.

The stolen goods were recovered.

The State which was being represented by Mr Whisper Mabaudhi opposed the appeal.

It said aggravating circumstances outweighed mitigatory ones. Mr Mabaudhi said Zondo betrayed the trust bestowed on him by his employer when he stole the goods.

In passing the sentence, the magistrate said unlawful entry is a serious offence, which requires a custodial sentence. The magistrate said a fine or community service would trivialise the offence. — @mashnets.