Jailed commuter omnibus driver Wadzanayi Mabika, who knocked and killed a Girls High School student and a city man, has appealed his six years sentence, which he says is too harsh.
Mabika (41) filed a notice of appeal against the sentence at the Harare Magistrates’ Court through his lawyer, Mr Nathaniel Chigoro.
In his submissions Mabika says the presiding magistrate, Mr Elijah Makomo, used emotions in handling the matter.
“The court misdirected itself by failing to consider all the offences as one for sentencing,” he said.
The court aquo misdirected itself by failing to consider counts 1 and 6 as one for the purposes of sentencing leading to a harsh sentence considering that both counts were arising from a single act.
“The court aquo misdirected itself in not considering the lowest provision on the counts 2, 3, 4 and 5 which provides for a fine.
“The court aquo demonstrated that emotions and public pressure bore upon it hence the harsh sentence yet a judicial officer seized with a determination should not be influenced by emotions,” reads the notice of appeal.
Mabika was jailed by the magistrate after he admitted to culpable homicide charges and five other traffic offences.
He pleaded guilty to running over Jocelyn Gomba and injuring Odwell Mabanga who later died of multiple injuries and broken ribs.
The accident happened on May 23 this year around 4pm at an illegal rank at the intersection of Leopold Takawira Street and Park Lane in Harare.