S v Makombe (CRB MW 375 of 2014) [2015] ZWHHC 45 (18 January 2015)

S v Makombe (CRB MW 375 of 2014) [2015] ZWHHC 45 (18 January 2015)

The alternative period of imprisonment imposed (8 months) was disproportionate to the fine (US$300) and appeared arbitrary. The court must gather information on the convicted person's ability to pay before determining the alternative imprisonment period.

Citation
[2015] ZWHHC 45
Parties
Accused: Jealous Makombe; Respondent: The State
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
18 January 2015 5 November 2015 18 January 2015
Case Number
CRB MW 375 of 2014
Procedural Posture
Criminal Review / Review
Outcome
Sentence partially set aside and substituted
Legal Topics
Sentencing, Domestic Violence, Proportionality of Punishment
Source Language
English
Criminal Law Sentencing Domestic Violence Proportionality of Punishment

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Parties

Jealous Makombe

Accused

The State

Respondent

Procedural Posture

Criminal Review / Review

Legal Issues

  1. 1 Whether the alternative period of imprisonment for non-payment of fine is proportionate to the fine imposed
  2. 2 Proper method for computing alternative imprisonment period

Ratio Decidendi

The alternative period of imprisonment imposed (8 months) was disproportionate to the fine (US$300) and appeared arbitrary. The court must gather information on the convicted person's ability to pay before determining the alternative imprisonment period.

Court Disposition

Sentence partially set aside and substituted

Orders

  • The first part of the sentence is set aside and substituted with: US$300-00 or in default of payment 2 months imprisonment.