Fortune Murisi v The State

Judgment No. SC 29/19, Criminal Appeal No. SC 386/12

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Case Details

Court

Supreme Court

Date

7 March 2019

Citation

Judgment No. SC 29/19, Criminal Appeal No. SC 386/12

Neutral Citation

[2019] ZWSC 29

Judgment No.

SC 29/19

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Hlatshwayo JA

Full Bench

Ziyambi JAGwaunza JAHlatshwayo JA

Areas of Law

Criminal LawCorruptionEvidence LawSentencing

Keywords

Prevention of Corruption ActReverse Onus ProvisionsAccomplice EvidenceCautionary RuleSentencing Guidelines

Key Issues

{"issue_text":"Whether the essential elements of the crime were satisfied justifying a reverse onus on the appellant","issue_type":"law","dispositive":"yes","related_facts":"The State proved the appellant solicited money for \"lunch\" and received ZW$500,000 through Simon Kasukuwere"}
{"issue_text":"Whether the cautionary rule had been properly applied with regard to 'potentially accomplice evidence'","issue_type":"law","dispositive":"yes","related_facts":"Evidence of Sarah and Agnes was corroborated by Simon Kasukuwere's testimony"}
{"issue_text":"Whether the sentence imposed should stand in the circumstances","issue_type":"mixed","dispositive":"yes","related_facts":"36 months imprisonment with 12 months suspended, events since conviction including delay and rehabilitation"}

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background

Facts of the Case

Background

The appellant, a magistrate at Chinhoyi Provincial Magistrates Court, was convicted of corruptly soliciting and accepting gifts totaling ZW$1,300,000 from Sarah Rice and Stephen Rupiya for fast-tracking Sarah Rice's civil case. The conviction was based on reverse onus provisions under the Prevention of Corruption Act after the State proved the appellant had solicited money for "lunch."

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