At the hearing of the appeal the appellant withdrew the appeal in respect of conviction and indicated that the appeal was now in respect of the sentence only. Indeed, the appellant’s Damascean moment is well found as the evidence against the appellant is simply overwhelming. Our task in this matter is now to simply assess the appropriate sentence in the circumstances. Put differently the question is whether the court a quo imposed a proper sentence in this matter. More
The appellant appeals against both his conviction and sentence.
In count 1 the appellant was convicted of contravening section 67(1)(a)(i) of the Criminal Law (Codification and Reform) Act [Cap 9:23] (the Criminal Code) which relates to indecent assault. He was sentenced to a fine of $150 or 3 months imprisonment wholly suspended for 5 years on the usual conditions of good behaviour. In count 2 the appellant was convicted of rape as defined in 65(1) of the Criminal Code [Cap 9:23] and sentenced to 16 years imprisonment of which 2 years imprisonment were suspended for 5 years again on the... More
: The three appellants were convicted and sentenced by the Provincial Magistrate sitting at Masvingo on 10 April 2018. They were charged and convicted jointly for contravening section 45(1)(b) of the Parks and Wild Life Act [Cap 20:14] as read with section 128 of the same Act (hereinafter The Act) which relates to keeping, having in possession or selling any live specially protected animal. Each of the appellants after a contested trial was sentenced to 9 years imprisonment. More
What the applicant seeks by way of default judgment is an order removing the 1st respondent as the Executor Dative of the estate of the late Obert Mhere and a raft of other ancillary relief stemming from or associated with such removal. To put matters into perspective a brief background as same can be gathered from a perusal of documents filed of record will suffice. The late Obert Mhere died on 8 January 2007. He was survived by his wife Sinikiwe Mariva and four children namely, Tatenda Mhere (the applicant), Ratidzo Tapiwanashe Mhere, Charles Mhere and Nobert Mhere. His estate... More
This is a claim based on the controversial and often emotive delict of adultery. Its controversy stems from the fact that its continued retention on our books has courted support and opposition alike in almost equal measure. Whereas its proponents justify its retention on the basis that it is an important safeguard to the sanctity of marriage and resonates with the nation’s culture and mores, its opponents on the other hand argue that the delict is antiquated and is completely out of sync with the current permissive and liberal society and above all discriminatory and therefore no longer serves any... More
