THE STATE v ISHEUNOPA SIBANDA THE STATE v ALECK NKOMO THE STATE v JOSEPH GIFT KAIRA THE STATE v PEACE BROWN ZIKHALI

HB 05/21

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Case Details

Court

Bulawayo High Court

Date

14 January 2021

Citation

HB 05/21

Neutral Citation

[2021] ZWHB 05

Outcome

unknown

Case Type

Review

Bench

Presiding

DUBE-BANDA J

Full Bench

DUBE-BANDA J

Areas of Law

Criminal Procedure and Evidence Act [Chapter 7:09]Criminal Law (Codification and Reform) Act [Chapter 9:23]Parks and Wildlife Act [Chapter 20:14]

Keywords

Reasons for sentenceIrregularityReviewMagistrateWithholding of certificate

Key Issues

{"issue_text":"Whether the failure by a magistrate to provide reasons for sentence constitutes an irregularity that requires the sentence to be set aside","issue_type":"procedural","dispositive":"yes","related_facts":"The presiding magistrate failed to furnish reasons for the sentences imposed on the accused persons"}
{"issue_text":"Whether the court should set aside sentences where accused persons have already served them","issue_type":"procedural","dispositive":"yes","related_facts":"The accused persons have served their sentences approximately ten months prior to the review"}

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Facts of the Case

Background

Four accused persons were convicted and sentenced by a Bulawayo magistrate for various crimes. The magistrate failed to provide reasons for the sentences imposed. The matters were referred for review. The accused persons have already served their sentences.

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