adminMashudu Netsianda Senior Court Reporter
A BULAWAYO man who stoned his friend to death in a row over a girlfriend, before dumping the body on a river bank, was yesterday sentenced to an effective 12 years in jail.
Bulawayo High Court judge Justice Maxwell Takuva convicted Maxwell Moyo, 21, of Sunnyside squatter camp on a lesser charge of culpable homicide.
Moyo was initially facing a murder charge in connection with the death of Silence Moyo, 21, in 2013.
He, however, pleaded guilty to culpable homicide and was sentenced to 14 years in jail.
Two years were suspended for five years on condition that he does not within that period commit a similar crime.
In passing sentence, Justice Takuva said it was clear that Moyo was drunk when he got angered by the fact that his friend was accusing him of snatching his girlfriend.
“In coming up with the sentence, this court took into account that you are a youthful offender who failed to control your anger and used a lethal weapon to strike Silence in the head over a girlfriend.
Usually youths don’t consider the consequences of their actions, particularly when they’re intoxicated,” said Justice Takuva.
The judge lamented the increase in violent crimes among youths.
“Moyo’s actions resulted in an unnecessary loss of life and the courts should uphold the sanctity of human life. We’re worried about an increase in violent cases particularly among youths.
“Culpable homicide is a serious crime and the courts have a duty to protect the sanctity of human life.
“The courts have an obligation to send a clear message to would be offenders and accordingly Moyo is sentenced to 14 years in jail,” the judge said.
Prosecuting, Thompson Hove said on the night of July 27, 2013, the two friends were drinking beer at Royal Night Club along Lobengula Street when an altercation ensued over a woman.
The court heard that shortly after 5AM the following morning, the two men left the night club and went home.
“When they arrived home they started arguing again over the same issue and Moyo got angry and picked a brick, which he used to strike Silence several times on the head and he collapsed and died,” said Hove.
Moyo took his friend’s body and dumped it on the banks of Matsheumhlope River before covering it with a blanket.
In mitigation through his lawyer, Vuyile Mpofu of Marondedze, Mukuku and Partners, Moyo pleaded for leniency, arguing that it was not his intention to kill his friend as he was drunk.
Online Reporter