S v Manyenye (666 of 2022) [2022] ZWHHC 1 (29 October 2022)
The omission of the suspension period was a material error; the sentence is corrected to specify a five-year suspension period for the two months' imprisonment.
Source-derived case information.
- Citation
- [2022] ZWHHC 1
- Parties
- Prosecutor: The State; Accused: John Manyenye
- Court
- Harare High Court
- Jurisdiction
- Zimbabwe
- Case Number
- 666 of 2022
- Procedural Posture
- Criminal Review / Sentence Correction on Review
- Outcome
- Sentence corrected on review
- Legal Topics
- Physical Abuse, Malicious Injury to Property, Sentencing, Suspended Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The State
Prosecutor
John Manyenye
Accused
Procedural Posture
Criminal Review / Sentence Correction on Review
Legal Issues
- 1 Whether the sentence imposed was properly suspended for a specified period
- 2 Whether the omission of the suspension period was a material error
Ratio Decidendi
The omission of the suspension period was a material error; the sentence is corrected to specify a five-year suspension period for the two months' imprisonment.
Court Disposition
Sentence corrected on review
Orders
- The sentence is corrected to specify a five-year suspension period for the two months' imprisonment.
- The trial magistrate is directed to ensure the accused is made aware of the corrected sentence.
Full Case Text
Judgment text and source record
1 paragraphs
1 HH 666-22 CRB NO. HRE 4693/22 THE STATE versus JOHN MANYENYE HIGH COURT OF ZIMBABWE MAXWELL J HARARE, 23 and 29 September, 2022 Criminal Review MAXWELL J: This matter was placed before me for review. Accused was convicted of physical abuse and malicious injury to property. The sentence for the physical abuse was couched in the following terms: “COUNT 1: To pay $10 000 in default of payment 15 days imprisonment. To pay the money through the clerk of court Harare. In addition, 2 months’ imprisonment is suspended on condition accused does not within that period commit any offence involving violence on the person of another for which if convicted accused is sentenced to imprisonment without the option of a fine.” I noted that there was no mention of the period for which the 2 months were suspended for good behaviour. I sought clarification from the magistrate who indicated that it was an omission and that the intention was to have the two months suspended for five years. The concession is proper. Accordingly, the sentence is corrected to read: “COUNT 1: To pay $10 000 in default of payment 15 days imprisonment. To pay the money through the clerk of court Harare. In addition, 2 months’ imprisonment is suspended for five years on condition accused does not within that period commit any offence involving violence on the person of another for which if convicted accused is sentenced to imprisonment without the option of a fine.” The trial magistrate is directed to ensure that the accused is made aware of the corrected sentence. MAXWELL J…………………………………………….. MANYANGADZE J, agrees:……………………………