The High Court has sentenced a woman from Ushewokunze, Harare South, to 15 years in pr!son for f@t@lly striking her husband with a soft drink bottle during a d!spute over his plans to go drinking with friends.
Memory Marira, while pleading not guilty to murd3r, acknowledged that she did hit Lovemore Tembo with a bottle, leading to her conviction by High Court Judge Justice Lucy Mungwari after a thorough trial.
According to the State’s account, on January 20 of this year, a domestic argument broke out when Tembo expressed his intention to leave their home to drink beer with his friends. Marira opposed this decision and followed him back into the house after he initially attempted to leave.
Once inside, the tension escalated. Tembo reportedly provoked Marira, challenging her to strike him. Eventually, he changed his mind about leaving, saying he would instead attend a traditional beer-drinking ceremony in their community. However, Marira remained unsatisfied.
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As Tembo prepared to depart, Marira struck him on the back of the head with the empty soft drink bottle, causing him to collapse immediately. A neighbor and friend of Tembo, Richard Chitima, attempted to revive him before taking him to a nearby clinic, where he was then referred to Sally Mugabe Central Hospital. Tembo succumbed to his injuries the following day.
While Marira admitted to @ss@ulting Tembo, she claimed she acted out of provocation. However, Justice Mungwari dismissed her defense and upheld her conviction.
The State argued that the incident was committed under circumstances that did not warrant leniency, noting that Marira was Tembo’s wife and highlighting that it was Tembo who had placed the empty bottles before her, effectively tempting her to strike. They also acknowledged that Marira assisted in taking Tembo to the hospital after the incident.
Justice Mungwari criticized the State’s failure to adequately discuss whether the murder occurred under aggravating circumstances, which is crucial in sentencing for murd3r cases. She emphasized that the court must consider the nature of the crime and the circumstances surrounding it.
Despite being a first-time offender with no prior convictions and a history of caring for her family, including raising her stepdaughter, the judge noted that the brutality of the assault could not be overlooked. She remarked on the severity of the blow that resulted in a fracture to Tembo’s skull and stated there was no justification for such an attack.
The judge concluded that while Marira’s actions led to a tr@gic outcome, the circumstances and the nature of the offense necessitated the sentencing aligned with established legal guidelines.
