The State v Polite Runesu

The accused, Polite Runesu, was a serving prisoner at Buffalo Range prison and correctional facility in Chiredzi. On 25 February 2022, he was assigned under guard to collect firewood in a nearby bushy area. He surreptitiously sneaked away unnoticed and escaped. He was apprehended approximately one week later on 3 March 2022. He pleaded guilty to a charge of escaping from lawful custody in contravention of section 185(1)(b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The magistrate sentenced him to 36 months imprisonment. The record was submitted for review in the ordinary course.

• Whether a sentence of 36 months imprisonment was excessive for the offence of escaping from lawful custody in the circumstances of the case
• What constitutes an appropriate sentence for escaping from lawful custody where no violence was used, no damage to State property occurred, and the accused was apprehended within a week

Conviction confirmed. Sentence set aside and substituted with: 18 months imprisonment of which 6 months imprisonment is suspended for 5 years on condition the accused does not within that period commit any offence involving unlawful escape from lawful custody in contravention of section 185 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] for which the accused is sentenced to imprisonment without the option of a fine. The accused to be brought to court within 7 days of receipt of the order to be notified of the alteration to his sentence.

When sentencing for the offence of escaping from lawful custody under section 185(1)(b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23], the court must consider relevant factors including: (1) the method employed to effect the escape; (2) whether violence or threats of violence were used; (3) whether there was damage to State property in the course of escape; (4) the period during which the accused was on the run as a fugitive; and (5) the difficulty associated with apprehension. While escape from lawful custody undermines the administration of justice and warrants a custodial sentence, the punishment must be appropriately measured and tempered according to the specific circumstances of each case to ensure proportionality.

The court observed that the offence of escaping from lawful custody is one to be frowned upon as it undermines the due administration of justice. The court also noted that under section 185(1)(b)(i)(B) of the Criminal Code, the maximum sentence for escaping from lawful custody after lodgement in prison is imprisonment for a period not exceeding 10 years, with no provision for the imposition of a fine, deservedly so.

This case provides guidance on appropriate sentencing for the offence of escaping from lawful custody under section 185(1)(b) of the Criminal Law (Codification and Reform) Act. It establishes that while escape from custody is a serious offence that undermines the administration of justice, the sentence must be measured and tempered according to the circumstances. The case illustrates the exercise of the review court's powers to correct excessive sentences and reinforces the principle of proportionality in sentencing.