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Harare High Court
THE STATE v TAKESURE MAPHOSA
HH 200/10
Case Details
Court
Harare High Court
Date
16 April 2010
Citation
HH 200/10
Neutral Citation
[2010] ZWHH 200
Outcome
unknown
Case Type
Review
Bench
Presiding
MAVANGIRA J
Full Bench
MAVANGIRA JBERE J
Areas of Law
Criminal LawCriminal Procedure
Keywords
daggapossessionsentence alterationfunctus officioreview
Tags
Unlawful possession of daggaSentencing irregularityCriminal review
legislation
Statutes Cited
- Criminal Law (Codification and Reform) Act
- High Court of Zimbabwe Act 1981
- Rules of the High Court
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a magistrate can alter a sentence after it has been passed and the accused has been sentenced","issue_type":"procedural","dispositive":"yes","related_facts":"Sentence alteration on 9 April 2010 after initial sentence on 7 April 2010"}
- {"issue_text":"What is the appropriate sentence for possession of 1625 grammes of dagga","issue_type":"law","dispositive":"yes","related_facts":"Quantity of dagga (1625g) and nature of offence"}
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background
Facts of the Case
Background
The accused was convicted on his own plea of guilty to unlawful possession of 1625 grammes of dagga. The trial magistrate initially imposed a sentence, then cancelled it and imposed a different sentence two days later without the accused being present, which constitutes a gross irregularity.
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