S v Mupfiga (B 1251 of 2016; HH 789 of 2016) [2016] ZWHHC 789 (24 November 2016)

S v Mupfiga (B 1251 of 2016; HH 789 of 2016) [2016] ZWHHC 789 (24 November 2016)

The applicant failed to demonstrate any prospects of success on appeal; the sentence was appropriate given the seriousness of the offences; and there was no misdirection by the magistrate in imposing both restitution and imprisonment. Bail pending appeal is refused as the interests of justice do not warrant release.

Citation
[2016] ZWHHC 789
Parties
Applicant: Mackmate Mupfiga; Respondent: The State
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
24 November 2016
Case Number
B 1251 of 2016 ; HH 789 of 2016
Procedural Posture
Criminal / Bail Pending Appeal
Outcome
Application for bail pending appeal dismissed
Legal Topics
Bail Pending Appeal, Sentencing, Restitution, Theft, Unlawful Entry, Driving Without Licence
Source Language
English
Criminal Law Bail Pending Appeal Sentencing Restitution Theft Unlawful Entry Driving Without Licence

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Parties

Mackmate Mupfiga

Applicant

The State

Respondent

Procedural Posture

Criminal / Bail Pending Appeal

Legal Issues

  1. 1 Whether the applicant should be granted bail pending appeal
  2. 2 Whether the sentence imposed was excessive and whether non-custodial sentence should have been considered
  3. 3 Whether it was a misdirection to order both restitution and imprisonment

Ratio Decidendi

The applicant failed to demonstrate any prospects of success on appeal; the sentence was appropriate given the seriousness of the offences; and there was no misdirection by the magistrate in imposing both restitution and imprisonment. Bail pending appeal is refused as the interests of justice do not warrant release.

Court Disposition

Application for bail pending appeal dismissed

Orders

  • Application for bail pending appeal is dismissed