THE STATE v JAGGER ALBERT SIBANDA

HB 159/22

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Case Details

Court

Bulawayo High Court

Date

23 June 2022

Citation

HB 159/22

Neutral Citation

[2022] ZWHB 159

Outcome

unknown

Case Type

Review

Bench

Presiding

DUBE-BANDA J

Full Bench

KABASA JDUBE-BANDA J

Areas of Law

Criminal LawCriminal Procedure

Keywords

Stock theftMandatory sentencePer count vs per beastSection 114(2)(e)Criminal Law (Codification and Reform) Act

Key Issues

{"issue_text":"Whether the trial court erred in imposing a sentence of eighteen years imprisonment for one count of stock theft involving two bovines by sentencing per beast rather than per count","issue_type":"law","dispositive":"yes","related_facts":"The accused was convicted of one count but sentenced to eighteen years (nine years per beast)"}
{"issue_text":"Whether the mandatory minimum sentence of nine years under section 114(2)(e) of the Criminal Law (Codification and Reform) Act applies per count or per bovine","issue_type":"law","dispositive":"yes","related_facts":"The trial court imposed nine years per beast for two bovines in one count"}

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background

Facts of the Case

Background

The accused, employed as a farm hand by his grandmother (the complainant), stole two of her heifers and sold them for USD$400.00 each. He was convicted on his own plea of guilty and sentenced to eighteen years imprisonment. The High Court found the sentence irregular as it was calculated per beast rather than per count.

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