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Zimbabwe Case Law

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Criminal law [2024] ZWBHC 144

Phuthi and Others v State (144 of 2024)

Phuthi and Others v State (144 of 2024) [2024] ZWBHC 144 (20 September 2024)

The High Court struck three criminal appeals off the roll after finding that the appellants wrongly duplicated one record into three separate appeals.

  • Appeal procedure
  • Record of proceedings
  • Duplication of appeals
  • Mandatory sentencing
  • Possession of ivory
  • Criminal-appeal-procedure
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Criminal law [2021] ZWMSVHC 34

S v Zvokuomba (34 of 2021)

S v Zvokuomba (34 of 2021) [2021] ZWMSVHC 34 (16 June 2021)

The High Court set aside a conviction for sex with a young person because the plea inquiry failed to establish that the accused knew the complainant was under 16.

  • Sexual offences
  • Hiv transmission
  • Mandatory sentencing
  • Plea procedure
  • Juvenile protection
  • Plea-procedure
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Criminal law [2020] ZWHHC 328

S v Mule & Anor (CRB MBR 1601 of 2020; HH 328 of 2020)

S v Mule & Anor (CRB MBR 1601 of 2020; HH 328 of 2020) [2020] ZWHHC 328 (21 May 2020)

The trial was a nullity due to the magistrate's failure to comply with mandatory statutory requirements to explain and record the accused's right to legal representation and the meaning and consequences of special circumstances, resulting in a substantial miscarriage of justice.

  • Stock theft
  • Right to legal representation
  • Special circumstances
  • Mandatory sentencing
  • Fair trial rights
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Criminal law [2020] ZWMTHC 11

S v Faira (CA 89 of 2019; HMT 11 of 2020; X REF CRB MUTP 5752 of 2018)

S v Faira (CA 89 of 2019; HMT 11 of 2020; X REF CRB MUTP 5752 of 2018) [2020] ZWMTHC 11 (22 January 2020)

The High Court dismissed Charles Faira’s appeal against conviction and sentence for cable theft and possession of articles for criminal use.

  • Theft of telecommunications infrastructure
  • Possession of articles for criminal use
  • Appeal against conviction and sentence
  • Assessment of accomplice witness
  • Circumstantial evidence
  • Mandatory sentencing
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Criminal law [2017] ZWHHC 409

S v Seughyun (CA 656 of 2016; HH 409 of 2017)

S v Seughyun (CA 656 of 2016; HH 409 of 2017) [2017] ZWHHC 409 (29 June 2017)

The High Court held the conviction appeal was a nullity for procedural non-compliance and dismissed an appeal against sentence for unlawful possession of gold.

  • Unlawful possession of gold
  • Mandatory sentencing
  • Special circumstances
  • Appeal procedure
  • Mistake of law
  • Criminal-appeal
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Criminal law [2017] ZWBHC 56

S v Moyo (HB 56 of 2017; HCA 330 of 2014)

S v Moyo (HB 56 of 2017; HCA 330 of 2014) [2017] ZWBHC 56 (23 March 2017)

The High Court dismissed Brodrick Moyo’s criminal appeal against conviction for stock theft and upheld the mandatory minimum sentence, finding active accomplice involvement.

  • Stocktheft
  • Accomplice liability
  • Mandatory sentencing
  • Accomplice-liability
  • Mandatory-sentencing
  • Criminal-appeal
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Criminal law [2016] ZWHHC 16

S v Machangara (B 1150 of 2015)

S v Machangara (B 1150 of 2015) [2016] ZWHHC 16 (13 January 2016)

Bail pending appeal was refused after the court held that there were no prospects of success against a minimum 10-year sentence for HIV-positive sexual offence conduct.

  • Sexual offences
  • Mandatory sentencing
  • Hiv and criminal liability
  • Bail pending appeal
  • Bail-pending-appeal
  • Mandatory-sentencing
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Criminal law [2015] ZWHHC 357

S v Chembe (Ref CRB 797 of 2014)

S v Chembe (Ref CRB 797 of 2014) [2015] ZWHHC 357 (9 April 2015)

High Court bail pending appeal ruling in an ivory possession case. Bail was granted because the sentence appeal was arguable, though conviction prospects were weaker.

  • Bail pending appeal
  • Possession of ivory
  • Special circumstances
  • Mandatory sentencing
  • Bail-pending-appeal
  • Ivory-possession
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Criminal law [2004] ZWBHC 157

S v Manikwa (CRB B 641 of 2004)

S v Manikwa (CRB B 641 of 2004) [2004] ZWBHC 157 (15 December 2004)

The High Court confirmed a conviction for unlawful export of cigarettes, but set aside sentence and remitted the matter because statutory sentencing steps were not followed.

  • Exportation of goods
  • Mandatory sentencing
  • Forfeiture of goods
  • Exchange-control
  • Criminal-review
  • Mandatory-sentencing
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Criminal law [2003] ZWHHC 99

S v Mangena (HH 99 of 2003)

S v Mangena (HH 99 of 2003) [2003] ZWHHC 99 (28 May 2003)

The High Court dismissed a criminal sentence appeal, holding that the appellant’s firearm possession and related facts did not amount to special circumstances to avoid the mandatory sentence.

  • Firearms offences
  • Mandatory sentencing
  • Special circumstances
  • Sentencing appeals
  • Criminal-law
  • Firearms-offences
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Zimbabwe decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.