The High Court has ordered the Mbare Magistrates Court to reopen proceedings for further inquiry, citing flaws in the original sentencing process of a culpable homicide case in which musician Kudakwashe Gift Hombarume’s was spared a jail term.
Chillmaster as popularly known in the music circles, will return to the magistrate’s court within 30 days for a reassessment of his culpability in a fatal road accident.
The 24-year-old was fined US$200 in May this year for driving without a licence and received a two-year sentence for culpable homicide from Magistrate Tatenda Mukurunge.
One year of the sentence was suspended on condition of good behaviour, while the remaining 12 months were suspended on the condition that he completes 420 hours of community service at Stoneridge Primary School.
Judge president Mary Zimba-Dube, reviewing the trial court’s judgment, found gaps in the assessment of Hombarume’s negligence, which were described as “ordinary” by the trial magistrate.
The events of April 9, 2025, unfolded when Hombarume, driving without a licence, lost control of his vehicle along New Chitungwiza Road, struck and killed pedestrian Custon Charumbira.
Chillmaster admitted to driving at excessive speed, failing to maintain control, and neglecting to keep a proper lookout.
Justice Dube confirmed Chillmaster’s conviction for culpable homicide and driving without a licence, but declined to endorse the sentencing as being in line with “real and substantial justice”.
The higher court noted misdirections in the trial court’s failure to properly assess the degree of negligence and its omission to consider prohibiting Hombarume from driving, as required by law in cases involving fatalities caused by drivers.
“The aggravating features of this case do not justify community service,” said Justice Dube. “The accused’s manner of driving exhibited gross negligence, and the offence was committed in aggravating circumstances. Courts must send a strong warning to offenders who drive without licences resulting in fatalities.”
The review revealed that Hombarume was unlicenced, speeding between 80 and 100 km/h in a 60 km/h zone, and failed to stop until 67 metres after impact.
The court emphasised that the trial magistrate overlooked the severity of these factors and instead gave weight to mitigating elements, including Hombarume’s financial assistance to the victim’s family, his remorse, and the family’s preference for a non-custodial sentence.
What appeared to have ultimately influenced the sentence was the heartfelt pleas made by the victim’s family on his behalf.
Speaking in his defence, the victim’s family told the court that Chillmaster had committed to caring for them after the accident, even providing livestock to appease any vengeful spirits.
Justice Dube underscored that such considerations cannot outweigh the seriousness of the crime. “A victim impact statement cannot trump the interests of justice,” said Justice Dube. “While the accused rendered substantial assistance to the family of the deceased, courts should not allow offenders to buy their way out of custodial sentences.”
The court highlighted that the trial magistrate failed to address the mandatory inquiry into whether Hombarume should be prohibited from driving. Justice Dube noted that such a prohibition would have a deterrent effect and promote compliance with road safety laws.
The omission was deemed a misdirection warranting intervention. The matter now returns to the magistrate’s court with instructions to conduct a fresh inquiry.
Justice Dube ordered the trial magistrate to examine the degree of negligence, consider prohibiting Hombarume from driving, and reassess the sentence in line with the law.-Heraldonline
