THE STATE v NDUMISO HADEBE, MTHANDAZO MOYO, CLEOPAS SIBANDA, and KHOLWANI MPOFU

HB 164/21

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Case Details

Court

Bulawayo High Court

Date

3 September 2021

Citation

HB 164/21

Neutral Citation

[2021] ZWHB 164

Outcome

unknown

Case Type

Review

Bench

Presiding

KABASA J

Full Bench

KABASA JDube-Banda J

Areas of Law

Criminal LawStatutory InterpretationSentencing Law

Keywords

Parks and Wildlife ActHuntingImpalaCompensationSuspension of Sentence

Key Issues

{"issue_text":"Whether the charge was properly cited","issue_type":"procedural","dispositive":"no","related_facts":"The charge was cited as contravening s38(1) of the Parks and Wildlife Act."}
{"issue_text":"Whether it is competent to suspend a term of imprisonment on condition of payment of compensation","issue_type":"law","dispositive":"yes","related_facts":"The court a quo suspended 7 months of the sentence on condition of payment of restitution."}
{"issue_text":"Whether the sentence imposed was excessive","issue_type":"law","dispositive":"yes","related_facts":"The court a quo imposed an effective sentence of 10 months imprisonment for killing 3 impala."}

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background

Facts of the Case

Background

On 8 August 2021, the four accused went to Dollar Block Ranch Safaris Inyathi and, with the aid of dogs and spears, hunted and killed three impala. They were arrested, appeared in court, pleaded guilty, and were convicted. They were sentenced to an effective 10 months imprisonment.

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