The High Court of Zimbabwe has reduced the prison sentence of a 26-year-old man convicted of motor vehicle theft, ruling that the original custodial term was disproportionately harsh given his youth, first-time offender status, and the circumstances surrounding the offence.
In a review judgment delivered by Justice Bachi Mzawazi, the court noted that Admire Zimba stole a white Nissan Caravan van in Kadoma after the vehicle had been left unattended with the keys in the ignition and the doors unlocked. The theft occurred on January 9, 2026, and Zimba was arrested the same day in Kwekwe after the vehicle was traced to him.
While the High Court upheld Zimba’s guilty plea and conviction, it found the original sentence of four years’ imprisonment, with one year suspended, to be excessive.
The court stressed that sentencing must take into account both the offence and the offender, highlighting Zimba’s youth, clean criminal record, early guilty plea, and the fact that the vehicle was recovered intact.
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Justice Mzawazi observed that the offence appeared opportunistic rather than premeditated, and contrasted the case with more serious vehicle theft matters involving syndicates or repeat offenders, where lengthy custodial sentences are warranted.
Citing the principles of proportionality, parity, and totality under Section 6 of the sentencing guidelines (S.I. 146/23), the court emphasised that punishment must be individualised. The judgment also referred to established precedents that call for a balance between retribution, deterrence, rehabilitation, and restitution.
The High Court substituted the original sentence with 24 months’ imprisonment, of which six months were suspended for five years on condition that Zimba does not commit any further theft or dishonesty-related offences.
The remaining 18 months were wholly suspended on condition that he completes community service. A warrant of liberation was issued immediately.
The matter has been remitted to the trial court for assessment and placement of Zimba on community service.
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