S v Kosamu (HH 59 of 2004) [2004] ZWHHC 59 (9 March 2004)

S v Kosamu (HH 59 of 2004) [2004] ZWHHC 59 (9 March 2004)

The conviction for exporting currency was improper as the appellant was arrested within Zimbabwe; the correct conviction is for attempting to export currency. Imprisonment was not justified; a fine below the value of the currency and forfeiture is appropriate.

Citation
[2004] ZWHHC 59
Parties
Appellant: Smart Kosamu; Respondent: The State
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
9 March 2004
Case Number
HH 59 of 2004
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Conviction for exporting currency set aside and substituted with conviction for attempting to export currency; sentence of imprisonment set aside and substituted with a fine and forfeiture.
Legal Topics
Attempted Export of Currency, Sentencing, Forfeiture
Source Language
English
Criminal Law Exchange Control Attempted Export of Currency Sentencing Forfeiture

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Parties

Smart Kosamu

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the conviction for exporting currency was proper
  2. 2 Appropriate sentence for attempted export of currency

Ratio Decidendi

The conviction for exporting currency was improper as the appellant was arrested within Zimbabwe; the correct conviction is for attempting to export currency. Imprisonment was not justified; a fine below the value of the currency and forfeiture is appropriate.

Court Disposition

Conviction for exporting currency set aside and substituted with conviction for attempting to export currency; sentence of imprisonment set aside and substituted with a fine and forfeiture.

Orders

  • Appellant convicted of attempting to export Z$3,690,000-00 out of Zimbabwe.
  • Appellant to pay a fine of Z$1,000,000-00 in default of 50 days imprisonment.