S v Goche (CA 88 of 2019; HMT 18 of 2020) [2020] ZWMTHC 18 (27 February 2020)
The conviction for reckless driving was not supported by the evidence and was substituted with a conviction for dangerous driving under s 52(2) of the Road Traffic Act. The sentence of 2 years imprisonment was set aside and replaced with a fine or, in default, imprisonment, and a driving prohibition for 2 years.
- Citation
- [2020] ZWMTHC 18
- Parties
- Appellant: Irimai Goche; Respondent: The State
- Court
- Mutare High Court
- Jurisdiction
- Zimbabwe
- Judgment Date
- 27 February 2020
- Case Number
- CA 88 of 2019 ; HMT 18 of 2020
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- Appeal allowed; conviction and sentence varied
- Legal Topics
- Reckless Driving, Dangerous Driving, Sentencing, Appeal Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Irimai Goche
Appellant
The State
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the conviction for reckless driving was proper
- 2 Appropriate sentence for dangerous driving
Ratio Decidendi
The conviction for reckless driving was not supported by the evidence and was substituted with a conviction for dangerous driving under s 52(2) of the Road Traffic Act. The sentence of 2 years imprisonment was set aside and replaced with a fine or, in default, imprisonment, and a driving prohibition for 2 years.
Court Disposition
Appeal allowed; conviction and sentence varied
Orders
- Both appeals against conviction and sentence are upheld.
- Appellant found guilty of contravening s 52(2) of the Road Traffic Act (dangerous driving).
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