finding of the court that the appellant set the hut on fire because his advances had been a quo rejected and he decided to get even with Lydia by burning the hut in which her two young children were sleeping. The court found nothing extenuating in the circumstances surrounding a quo the commission of the offence. I agree with the court This was a sadistic act, perpetrated on two a quo. innocent children by the appellant following the realisation that nothing, not even threats, were going to make Lydia change her mind and have an affair with him. The two young children sustained severe burns as a result of which they died. Nigel, the younger of the two, was burnt beyond recognition. Mr appellant’s counsel, also conceded that this was a callous P. Madzivire, and gruesome murder and that he was unable to point to any circumstances of extenuation. I am satisfied that the conviction and sentence were proper. Accordingly, the appeal against both conviction and sentence is dismissed. GWAUNZA JA: I agree GUVAVA JA: I
finding of the court a quo that the appellant set the hut on fire because his advances had been rejected and he decided to get even with Lydia by burning the hut in which her two young children were sleeping. The court a quo found nothing extenuating in the circumstances surrounding the commission of the offence. I agree with the court a quo. This was a sadistic act, perpetrated on two innocent children by the appellant following the realisation that nothing, not even threats, were going to make Lydia change her mind and have an affair with him. The two young children sustained severe burns as a result of which they died. Nigel, the younger of the two, was burnt beyond recognition. Mr P. Madzivire, appellant’s counsel, also conceded that this was a callous and gruesome murder and that he was unable to point to any circumstances of extenuation. I am satisfied that the conviction and sentence were proper. Accordingly, the appeal against both conviction and sentence is dismissed. GWAUNZA JA: I agree GUVAVA JA: I