S v Mangwiro (CA 205 of 2005) [2006] ZWHHC 6 (12 January 2006)
The applicant failed to provide a satisfactory explanation for the delay in noting the appeal and did not demonstrate reasonable prospects of success on appeal; therefore, leave to appeal out of time is refused.
Source-derived case information.
- Citation
- [2006] ZWHHC 6
- Parties
- Applicant: Francis Mangwiro; Respondent: The State
- Court
- Harare High Court
- Jurisdiction
- Zimbabwe
- Case Number
- CA 205 of 2005
- Procedural Posture
- Criminal Appeal / Chamber Application
- Outcome
- application dismissed
- Legal Topics
- Culpable Homicide, Appeal Procedure, Sentencing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Mangwiro
Applicant
The State
Respondent
Procedural Posture
Criminal Appeal / Chamber Application
Legal Issues
- 1 Whether the applicant is entitled to appeal out of time against conviction and sentence for culpable homicide
Ratio Decidendi
The applicant failed to provide a satisfactory explanation for the delay in noting the appeal and did not demonstrate reasonable prospects of success on appeal; therefore, leave to appeal out of time is refused.
Court Disposition
application dismissed
Full Case Text
Judgment text and source record
1 paragraphs
HH 6-2006 CA 205/05 FRANCIS MANGWIRO versus THE STATE HIGH COURT OF ZIMBABWE CHATUKUTA J HARARE, 13 January 2006 Chamber Application CHATUKUTA J: On 19 October 2005, applicant was convicted, on his own guilty plea, of culpable homicide. The facts of the matter are that the applicant was driving an omnibus along the Centenary-Mazowe Road carrying passengers when he was involved in an accident resulting in the death of the now deceased. Applicant was sentenced on 21 October 2005 to 12 months imprisonment of which 6 months imprisonment was suspended for 5 years on condition of good behaviour. His licence was cancelled and he was barred from driving all classes of motor vehicles for a period of 18 months. In terms of Rule 34 of the Supreme Court (Magistrates Courts) (Criminal Appeals) Rules, 1979, a convicted person is required to note an appeal within 5 days of the passing of