S v Harry (36 of 2022) [2022] ZWHHC 36 (19 January 2022)

S v Harry (36 of 2022) [2022] ZWHHC 36 (19 January 2022)

The conviction was upheld as the trial court's findings on credibility were reasonable and supported by evidence. The sentence of restitution in USD was set aside and substituted with restitution in RTGS 10,000, as required by the Finance (No. 2) Act 2019, which applies to criminal liabilities expressed in USD before the effective date.

Citation
[2022] ZWHHC 36
Parties
Appellant: Sarudzai Harry; Respondent: The State
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
19 January 2022
Case Number
36 of 2022
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal against conviction dismissed; appeal against sentence allowed in part.
Legal Topics
Theft of Trust Property, Fraud, Restitution, Currency Conversion, Sentencing
Source Language
English
Criminal Law Theft of Trust Property Fraud Restitution Currency Conversion Sentencing

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Parties

Sarudzai Harry

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the conviction for theft of trust property was proper in the absence of a proven trust agreement
  2. 2 Whether the conviction for fraud was supported by credible evidence
  3. 3 Whether the sentence of restitution in USD was lawful given the Finance (No. 2) Act 2019 and SI 33/2019

Ratio Decidendi

The conviction was upheld as the trial court's findings on credibility were reasonable and supported by evidence. The sentence of restitution in USD was set aside and substituted with restitution in RTGS 10,000, as required by the Finance (No. 2) Act 2019, which applies to criminal liabilities expressed in USD before the effective date.

Court Disposition

Appeal against conviction dismissed; appeal against sentence allowed in part.

Orders

  • Appeal against conviction dismissed.
  • Appeal against sentence in count 2 allowed.