S v Sando (CA 363 of 2007) [2007] ZWHHC 46 (13 June 2007)

S v Sando (CA 363 of 2007) [2007] ZWHHC 46 (13 June 2007)

The conviction was set aside because it was based solely on the uncorroborated evidence of an accomplice, contrary to section 270 of the Criminal Procedure and Evidence Act, and the accomplice was not warned. The prosecution failed to prove the commission of the offence beyond reasonable doubt.

Citation
[2007] ZWHHC 46
Parties
Appellant: Angirayi Sando; Respondent: The State
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
13 June 2007
Case Number
CA 363 of 2007
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal allowed; conviction and sentence set aside; appellant acquitted.
Legal Topics
Stock Theft, Accomplice Evidence, Appeals, Corroboration of Evidence
Source Language
English
Criminal Law Criminal Procedure Stock Theft Accomplice Evidence Appeals Corroboration of Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Angirayi Sando

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the conviction could stand on the uncorroborated evidence of an accomplice
  2. 2 Whether the failure to warn the accomplice witness was a fatal irregularity
  3. 3 Whether the prosecution proved the commission of the offence beyond reasonable doubt

Ratio Decidendi

The conviction was set aside because it was based solely on the uncorroborated evidence of an accomplice, contrary to section 270 of the Criminal Procedure and Evidence Act, and the accomplice was not warned. The prosecution failed to prove the commission of the offence beyond reasonable doubt.

Court Disposition

Appeal allowed; conviction and sentence set aside; appellant acquitted.

Orders

  • Conviction and sentence set aside
  • Appellant found not guilty and acquitted