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Daniel Nemukuyu Senior Court Reporter
THE High Court yesterday quashed the 18-month prison term imposed on Jazz musician Duduzile Manhenga last year for causing the death of a motorcyclist in a road accident. Justices Francis Bere and Charles Hungwe, instead, slapped Dudu with a wholly suspended sentence for the offence after establishing that the accident was not due to “gross” negligence.
The Appeals Court ruled that the negligence was not gross, hence the penalty imposed was too harsh.
Dudu will also pay $1 000 for driving without a licence, failing which she will be sentenced to three months in jail.
Justice Bere said the magistrate who presided over the case misdirected himself in finding that there was gross negligence on the part of Dudu.
A Harare magistrate found Dudu guilty of causing the death of a motorcyclist, Mr Graham Martin Millward, while driving without a licence.
Through her lawyer Mr Evans Moyo of Scanlen and Holderness, Dudu appealed against the sentence at the High Court.
Dudu committed the offence on March 15, 2010, but was jailed on October 11 last year, after pleading guilty to culpable homicide.
The 34-year-old was charged with culpable homicide and driving without a licence after investigators concluded she had driven without due care.
The court heard that Manhenga only had a provisional driver’s licence when she crashed into Mr Millward along Sherwood Drive in Mabelreign, Harare.
Manhenga is said to have failed to give way to Mr Millward as she turned right into the driveway of a residential property in her Toyota Spacio.
Mr Millward suffered injuries and died on admission to West End Hospital.
It was Dudu’s argument that the magistrate erred in finding her to be grossly negligent without making a factual inquiry into the circumstances in which the accident occurred.
She argued that the lower court incorrectly concluded that she was grossly negligent because she simply turned right into the path occupied by the cyclist.
Dudu argued that the court should have found her to be ordinarily negligent thereby imposing a lighter sentence on her.
The State was initially opposed to the appeal but consented last week.
Justice Bere said the court was satisfied that the concession by the State was well-informed and that the magistrate had indeed erred.
When Dudu was jailed 18 months, she successfully applied for bail pending appeal.
Online Reporter