High Court Overturns 15-Year Sentence Over Legal Misapplication

The High Court has overturned the mandatory 15-year prison sentence imposed on Victoria Falls resident Sitheni Masina, ruling that the trial court applied an amended law that was not in effect at the time of the offences.

Justice Munamato Mutevedzi upheld Masina’s appeal, determining that sentencing was based on incorrect legal provisions.

Masina was convicted of two counts of aggravated indecent assault against a mentally challenged man and was initially sentenced under the Criminal Law (Codification and Reform) Amendment Act No. 10/23.

However, the offences occurred between January 1 and June 9, 2023, while the amendment only came into effect on July 14, 2023.

Since the law does not apply retroactively, the court ruled that her original sentence was legally unsound.

“The appellant correctly submitted that the trial court applied the wrong law. It could not have sentenced the appellant using a law that was enacted after the commission of the offence,” Justice Mutevedzi stated, as reported by The Herald.

Considering Masina’s status as a first-time offender and a mother to three minor children, the High Court revised her sentence to seven years.

Three years were suspended for five years on the condition that she does not commit another sexual offence within that period.

The time she has already served will count toward her remaining sentence.

The ruling underscores the importance of applying the correct legal framework in judicial proceedings to ensure fair and lawful sentencing.