Serial robber loses appeal

A SERIAL housebreaker serving 12 years in jail for breaking into six shops and stealing US$21 342 and R67 210, yesterday pleaded with Bulawayo High Court judges to slash his prison term, saying he regretted his actions and was now a reformed person.

Sipho Tshuma (48) of Bulawayo’s Nkulumane suburb broke into business premises between March 2013 and April 2014 using bolt cutters and grinders to access the shops.

He was arrested after detectives used his fingerprints lifted from the crime scenes to track him down.

Tshuma was in 2015 convicted of 10 counts of unlawful entry and theft and sentenced to 16 years in prison by former Western Commonage magistrate Mr Maphios Willard Moyo.

Four years were suspended on condition that he does not commit a similar offence within five years.

Aggrieved by the sentence, Tshuma who is a self-actor, filed an appeal at the Bulawayo High Court challenging his sentence, citing the State as a respondent.

In his grounds of appeal, Tshuma argued that the sentence was too harsh and pleaded with the court to allow the sentences for the 10 counts to run concurrently.

“From the evidence gathered during trial, I am of the opinion that the trial court was too harsh. It is my humble submission that the trial magistrate erred by imposing a lengthy prison term and therefore I appeal against the sentence only,” he said.

Tshuma pleaded with the judges to reduce his jail term, saying he was failing to cope with prison life. He argued that he committed the offences within the same time frame warranting the sentences to run concurrently.

Tshuma pleaded with the judges to exercise lenience, claiming he had repented from his evil ways.

“I have learnt a lesson, My Lords, and have reformed and I therefore plead with you to show mercy by reducing my years in prison. I am actually failing to cope with prison life,” he pleaded.

However, Justice Maxwell Takuva, who was sitting with Justice Martin Makonese during criminal appeals court, was unmoved.

“In view of all the aggravating factors why should we reduce the sentence? You actually benefitted a lot from these crimes. You broke into six shops using bolt cutters and used grinders to destroy safes and took money in excess of about US$25 000, which the complainants never recovered.

“It wouldn’t be competent for the court to reduce the sentence because you committed the offences on different occasions and at different places,” he said.

Justice Takuva dismissed Tshuma’s appeal, saying it lacked merit.

“You committed serious crimes and you did not have the right to break into the complainants’ premises and you didn’t even restitute the money. The appeal against sentence lacks merit and be and hereby dismissed,” ruled the judge.

Mr Trust Muduma for the State opposed the application, saying Tshuma showed no respect for other people’s properties.

“It is therefore submitted that the lower court committed no irregularity in imposing a very lengthy custodial sentence, which will deter those of like mind. Wherefore I pray that the appeal against sentence be dismissed in its entirety,” he said.

According to court papers, Tshuma stole from Wray Company in Thorngrove, Sun Spun Bananas, African Steel in Donnington, JAP Auto Parts in the city centre, Graphic Rubber Stamp in the city centre and Neighbourhood Tavern in Nketa.

Tshuma would steal during the night. He would be armed with a bolt cutter and iron crow bar to break into the premises.

During his shop-breaking spree between March 2013 and April 2014, he stole varying amounts in United States dollars and South African rand. —@mashnets