A MAN from Hwange who fatally struck his neighbour with an iron bar 10 years ago during New Year celebrations following a dispute over a missing identity card, has been sentenced to an effective 12 years in jail.

Worried Ncube (33) fatally attacked Mr Godfrey Tshuma (28) of Tshingababili in Plumtree in January 2009 after he was accused of stealing an identity card belonging to the deceased.

Bulawayo High Court judge Justice Maxwell Takuva convicted Ncube of murder with constructive intent.

In passing the sentence, Justice Takuva took into consideration the delay by the State in bringing Ncube to trial and other mitigatory factors.
“There was an inordinate delay of almost 10 years, which the State failed to explain and that in itself is a mitigatory factor.

“The picking of the iron bar by the accused person was by chance and it was not premeditated and the court also noted that the accused was provoked by the deceased’s conduct which shows that he was drunk,” said the judge.

Justice Takuva however, condemned Ncube’s conduct, saying the courts have a duty to protect the sanctity of human life.

“In aggravation, we note that a life was unnecessarily lost and the courts have a duty to protect the sanctity of human life.

“An appropriate sentence should strike a balance between the interests of justice and of society.

“In casu, there were strong mitigatory factors that warrant lenience and accordingly, you are sentenced to 12 years in jail,” ruled the judge.State media