S v Ndlovu (HB 71 of 2007) [2007] ZWBHC 71 (4 July 2007)

S v Ndlovu (HB 71 of 2007) [2007] ZWBHC 71 (4 July 2007)

The sentence of a fine or imprisonment in default was not in accordance with true and substantial justice given the unprovoked and serious nature of the assault; imprisonment is justified in such circumstances.

Source-derived case information.

Citation
[2007] ZWBHC 71
Parties
Prosecutor: The State; Accused: Knowledge Ndlovu
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
4 July 2007
Case Number
HB 71 of 2007
Procedural Posture
Criminal Review / Judgment
Outcome
sentence not certified as just
Legal Topics
Assault, Sentencing, Unprovoked Assault, Relationship Violence
Source Language
english
Criminal Law Assault Sentencing Unprovoked Assault Relationship Violence

Source-derived case record

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Parties

The State

Prosecutor

Knowledge Ndlovu

Accused

Procedural Posture

Criminal Review / Judgment

Legal Issues

  1. 1 Whether the sentence imposed for unprovoked assault resulting in serious injury was appropriate

Ratio Decidendi

The sentence of a fine or imprisonment in default was not in accordance with true and substantial justice given the unprovoked and serious nature of the assault; imprisonment is justified in such circumstances.

Court Disposition

sentence not certified as just

Orders

  • Certificate of true and substantial justice withheld