Fidelis Munyoro
Chief Court Reporter
A convicted wife-killer who hacked and mutilated his spouse despite her desperate pleas before killing her has failed in a bid to challenge his 35-year prison sentence, with the High Court ruling that his proposed appeal had no reasonable prospects of success.
In a hard-hitting judgment, Justice Amy Tsanga dismissed Robert Tevedzayi’s application to extend the time within which he could appeal against sentence, shutting the door on his attempt to challenge a punishment imposed in 2018.
At the centre of Tevedzayi’s application was his argument that the law did not permit a prison sentence exceeding 20 years for his offence.
But the judge rejected that interpretation, making it clear that 20 years was the minimum fixed-term sentence for murder committed in aggravating circumstances, not the maximum.
“The language of the statute is plain and unambiguous,” Justice Tsanga said, explaining that the law allows a court to impose life imprisonment or any definite prison term of not less than 20 years.
“The court may impose any definite term of 20 years or more,” she ruled, adding that the sentencing court had the discretion to determine an appropriate term according to the circumstances of the offence and the offender.
Tevedzayi’s second argument – that his sentence was harsher than those imposed in comparable cases – also failed to persuade the court.
Justice Tsanga said sentences imposed in other cases could guide the courts but could not dictate the outcome where the facts justified a different punishment.
In this case, the judge said, the circumstances surrounding the killing were exceptionally serious.
“The deceased was subjected to torture and extreme gender-based violence,” she said.
The court heard that Tevedzayi repeatedly hacked and mutilated his wife despite her pleas before causing her death, conduct the judge identified as aggravating features of the offence.
The 35-year prison term, she said, reflected the gravity of the crime, the manner in which it was committed and the need to protect the public and deter similar offences.
Having found no reasonable prospects of success in either proposed ground of appeal, Justice Tsanga said an extension of time was not justified.
“An extension of time should not be granted where the proposed appeal has no reasonable chance of succeeding,” she ruled.
The application was dismissed.
The ruling leaves Tevedzayi’s 35-year sentence unchallenged through the proposed appeal, underscoring the court’s position that the statutory minimum for aggravated murder does not impose a ceiling on the punishment a sentencing court may lawfully impose.
