The accused was convicted on his own plea of guilty on a charge of contravening section 3(i) as read with section 30(2) of the Gold Trade Act [Chapter 21:03] in that he was found in unlawful possession of 31.0659 grammes of Reef Gold valued at $1 667 922.00.
On those facts the accused was sentenced to pay a fine of $500 000.00 or in default of payment 10 months imprisonment. In addition 12 months imprisonment was suspended on the usual conditions of good behaviour for a period of 5 years. The reef Gold concerned was forfeited to the State. More
The accused person in this case was convicted by a provincial magistrate at Guruve of two counts of stock theft as defined in s 114(2) (a) of The Criminal Law (Codification and Reform) Act [Chapter 9:23]. Having found that no special circumstances existed the provincial magistrate sentenced the accused to the minimum mandatory 9 years imprisonment on each count. The record of proceedings was placed before me for what is colloquially called automatic review in terms of s57 of the Magistrates Court Act [Chapter 7:10]. I dispensed with the norm of seeking the views of the concerned magistrate before reviewing... More
This matter came before me by way of automatic review. Having reflected at length, I am of the view that the conviction is not safe. This is despite that the accused pleaded guilty. More
The accused pleaded not guilty to a charge of contravening s 47 of the Criminal Law (Codification and Reform) Act [Cap 9:23]. The charge alleges that on 23 January 2007 and at Gwina Farm, Banket the accused, intending to kill Regina Kapere and or realizing that her conduct might cause death, stabbed Regina Kapere twice on the back with a knife causing her death. More
