Online Reporter
Mathew Masinge
A HARARE man, who was jailed 12 months for having sexual intercourse with his girlfriend (15) on FOUR separate occasions, and then struck a deal with her father to conceal the crime, will now perform 420 hours of community service instead of serving the jail term.
Anesuishe Bhobho, (25), made a deal with the girl’s father to conceal his crime but then failed to fulfill his part of the deal.
He failed to pay the balance of the amount of money the two had agreed on.
And, when the girl’s father died, her aunt revealed at the funeral that the family was still yet to receive part of the compensation deal which her late brother had struck with Bhobho.
This led to Bhobho’s arrest.
Last month, Bhobho was convicted and sentenced to 24 months for having sexual intercourse with the minor on four separate occasions.
Twelve months were suspended leaving an effective jail term of 12 months.
On review, High Court Judge Justice Joel Mambara said the sentence appeared disproportionately harsh compared to similar cases.
“The imposed sentence appears disproportionately harsh compared to similar cases where more lenient sentences have been advocated for and applied.
“Notably, as a first offender, the accused would ordinarily be considered for non-custodial alternatives,” reads parts of the judgment.
Bhobho had pleaded guilty saying the act was consensual and the matter was resolved after the girl’s father accepted compensation to keep the matter under wraps.
The matter only came to light when the girl’s father died and, at his funeral, her aunt told mourners that Bhobho was still owing the family money for compensation.
The revelation led to Bhobho’s arrest.
Justice Mambara set aside the 12-month sentence and referred the matter back to the trial court for Bhobho to be committed to community service.
“The 12-month prison term is hereby set aside and substituted with the following:
“The remaining 12 months imprisonment is wholly suspended on condition that the offender completes 420 hours of community service at a place to be determined by the magistrates’ court.
“The matter is remitted to the trial court for the placement of the offender on community service.
“The time served in prison shall be counted as part of the community service to be served,” ruled Justice Mambara.
