Four jailed one-year for assault

car batteries.
Samuel Zindora (29), Golden Mwale (44), Alouis Watosvorwa (27) and Silent Zindoga (30) had pleaded guilty to assault charges when they appeared before Mbare magistrate Ms Rebecca Kaviya.
She sentenced them to two years im-prisonment of which one year was suspended on condition of good behaviour.
The four have, however, filed an appeal at the High Court challenging the sentence through their lawyer Mr Stead Kachere.
Ms Kaviya had dismissed their application for bail pending appeal.
In his submissions, Mr Kachere said the magistrate had failed to exercise discretion at law by imposing a custodial sentence on his clients notwithstanding their compelling personal circumstances and several mitigatory factors in their favour.
“The court a quo misdirected itself by its failure to seriously consider an option of a non custodial sentence in form of community service,” he submitted.
He prayed that the sentence be set aside.
The complainants in the matter are Gift Ruwizhu and Raphael Gura.
On the day in question, Gura was giving Ruwizhu directions to his house since they were coming from the bar.
The four and others still at large started assaulting them on accusations of trying to steal their car batteries since they were closer to their homes.
Mwale, Watosvorwa and Zindoga assaulted Ruwizhu and Gura.
Watosvorwa tied the pair to an ox-drawn plough and pulled them for about five metres.