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Harare High Court
Godknows Mashame v The State
HH 107-18
Case Details
Court
Harare High Court
Date
16 February 2018
Citation
HH 107-18
Neutral Citation
[2018] ZWHH 107
Outcome
unknown
Case Type
Application
Bench
Presiding
Foroma J
Full Bench
Foroma J
Areas of Law
Criminal ProcedureBail Law
Keywords
bail pending appealrhinoceros huntingParks and Wildlife Actcircumstantial evidenceGPS evidenceEco-cash transactions
Tags
bail pending appealrhinoceros poachingcircumstantial evidence
legislation
Statutes Cited
- Parks and Wildlife Act
- Criminal Procedure and Evidence Act
- Criminal Procedure and Evidence Act
- Constitution of Zimbabwe
- General Laws Amendment Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant has shown prospects of success on appeal to justify grant of bail pending appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Conviction based on circumstantial evidence, disputed GPS and cellphone evidence"}
- {"issue_text":"Whether risk of absconding is too high given seriousness of offences","issue_type":"procedural","dispositive":"no","related_facts":"Mandatory minimum sentence of 9 years, serious wildlife offences"}
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background
Facts of the Case
Background
The applicant was convicted of unlawfully hunting two black rhinoceroses at Bubye Valley Conservancy and sentenced to 12 years imprisonment. He now applies for bail pending his appeal against both conviction and sentence, arguing the conviction was based on weak circumstantial evidence including GPS data and cellphone evidence that he disputes.
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