S v Mhinga And 3 Others (1 of 2021) [2021] ZWMSVHC 1 (26 January 2021)

S v Mhinga And 3 Others (1 of 2021) [2021] ZWMSVHC 1 (26 January 2021)

The Power of Attorney was a forgery not authored by Maplan Dick, and the 1st and 2nd appellants were directly involved in its creation and use to defraud the complainant. The 3rd and 4th appellants were not proved beyond reasonable doubt to have participated in the forgery but were involved in the fraud. Both forgery and fraud charges were properly preferred and proved against the 1st and 2nd appellants. The sentence imposed was appropriate and not excessive.

Citation
[2021] ZWMSVHC 1
Parties
1st Appellant: Elvis Mhinga; 2nd Appellant: Fungai Nangati Chatikobo; 3rd Appellant: Shepard Patrick Tirisi Madzungu; 4th Appellant: Obert Jakata; Respondent: The State
Court
Masvingo High Court
Jurisdiction
Zimbabwe
Judgment Date
26 January 2021
Case Number
1 of 2021
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal by 3rd and 4th appellants against conviction on count 1 allowed; appeal by 1st and 2nd appellants on both counts dismissed; appeal by all four on count 2 dismissed.
Legal Topics
Forgery, Fraud, Doctrine of Common Purpose, Splitting of Charges, Sentencing
Source Language
English
Criminal Law Forgery Fraud Doctrine of Common Purpose Splitting of Charges Sentencing

Case Brief

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Parties

Elvis Mhinga

1st Appellant

Fungai Nangati Chatikobo

2nd Appellant

Shepard Patrick Tirisi Madzungu

3rd Appellant

Obert Jakata

4th Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Power of Attorney was forged
  2. 2 Whether all appellants participated in the forgery
  3. 3 Whether there was improper splitting of charges between forgery and fraud

Ratio Decidendi

The Power of Attorney was a forgery not authored by Maplan Dick, and the 1st and 2nd appellants were directly involved in its creation and use to defraud the complainant. The 3rd and 4th appellants were not proved beyond reasonable doubt to have participated in the forgery but were involved in the fraud. Both forgery and fraud charges were properly preferred and proved against the 1st and 2nd appellants. The sentence imposed was appropriate and not excessive.

Court Disposition

Appeal by 3rd and 4th appellants against conviction on count 1 allowed; appeal by 1st and 2nd appellants on both counts dismissed; appeal by all four on count 2 dismissed.

Orders

  • 3rd and 4th appellants acquitted on count 1 and sentences set aside.
  • Appeal by 1st and 2nd appellants on both conviction and sentence dismissed.