This is an appeal against both conviction and sentence imposed upon the appellants by the Magistrates Court at Nyanga. The appellants were convicted of public violence as defined in s 36 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. They were each sentenced to 36 months imprisonment of which 12 months imprisonment was suspended for 5 years on condition that each one of them does not within that period commit any offence involving violence for which upon conviction he is sentenced to imprisonment without the option of a fine. A further 4 months imprisonment was suspended on... More
The applicants herein applied for bail pending trial following their arrest on a charge of contravening section 82 (1) of Statutory Instrument 362/1990 as read with section 128(1) (b) of the Parks and Wildlife Act. The charge criminalises the “unlawful possession of unmarked raw ivory”. The applicants were arrested on 31 March 2021, and appeared at Harare Magistrates Court on 1 April 2021. Because of the nature of the offence which attracts a minimum mandatory sentence of nine years unless special circumstances exist, the applicants were advised to apply for bail at the High Court. The Magistrates Court has no... More
The appellants were convicted of three counts of culpable homicide as defined in s 49 of the Criminal Law (Codification & Reform) Act, [Cap 9:23]. They were sentenced to 15 months imprisonment of which 5 months were suspended on conditions of good behaviour and a further 10 months were suspended on condition that the appellants performed 350 hours of community service. Aggrieved by their conviction and sentence, they now appeal to this court against both. More
At the commencement of this matter, both parties applied to have supplementary affidavits admitted. Neither counsel objecting to the admissions, both were admitted by consent More
