S v Musindo & Ors (HH 25 of 2002) [2002] ZWHHC 25 (2 January 2002)

S v Musindo & Ors (HH 25 of 2002) [2002] ZWHHC 25 (2 January 2002)

The sentence imposed was not disturbingly inappropriate given the brutality, planning, and circumstances of the assault; the trial magistrate exercised discretion properly and custodial sentences are warranted in such cases.

Source-derived case information.

Citation
[2002] ZWHHC 25
Parties
Appellant: Luckmore Musindo; Appellant: Tapiwa Mazenge; Appellant: Issac Phiri; Respondent: The State
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
2 January 2002
Case Number
HH 25 of 2002
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Assault With Intent to Do Grievous Bodily Harm, Theft, Sentencing, Appeal Against Sentence
Source Language
english
Criminal Law Assault With Intent to Do Grievous Bodily Harm Theft Sentencing Appeal Against Sentence

Source-derived case record

Summary, issues, holding and outcome

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Parties

Luckmore Musindo

Appellant

Tapiwa Mazenge

Appellant

Issac Phiri

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for assault with intent to do grievous bodily harm was manifestly excessive and induced a sense of shock
  2. 2 Whether the trial magistrate exercised sentencing discretion properly

Ratio Decidendi

The sentence imposed was not disturbingly inappropriate given the brutality, planning, and circumstances of the assault; the trial magistrate exercised discretion properly and custodial sentences are warranted in such cases.

Court Disposition

appeal dismissed

Orders

  • Appeal against sentence by all three appellants is dismissed.