S v Joubert (CA 559 of 2015; HH 200 of 2016) [2016] ZWHHC 200 (23 March 2016)

S v Joubert (CA 559 of 2015; HH 200 of 2016) [2016] ZWHHC 200 (23 March 2016)

The notice of appeal was defective for lack of compliance with Rule 22(1) as the grounds were not clear and specific, rendering the appeal a nullity and incapable of amendment at the hearing.

Citation
[2016] ZWHHC 200
Parties
Appellant: Spencer Joubert; Respondent: The State
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
23 March 2016 20 December 2016 23 March 2016
Case Number
CA 559 of 2015 ; HH 200 of 2016
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal struck off the roll
Legal Topics
Indecent Assault, Defective Notice of Appeal, Grounds of Appeal, Procedural Compliance
Source Language
English
Criminal Law Criminal Procedure Indecent Assault Defective Notice of Appeal Grounds of Appeal Procedural Compliance

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Parties

Spencer Joubert

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the notice of appeal complied with Rule 22(1) of the Supreme Court (Magistrates Courts) Criminal Appeals Rules 1979
  2. 2 Whether the grounds of appeal were clear and specific as required by law

Ratio Decidendi

The notice of appeal was defective for lack of compliance with Rule 22(1) as the grounds were not clear and specific, rendering the appeal a nullity and incapable of amendment at the hearing.

Court Disposition

Appeal struck off the roll

Orders

  • The matter is struck off the roll.