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Harare High Court

THE STATE v KATIYO SOLOMON

HH 686-18

Case Details

Court
Harare High Court
Date
24 October 2018
Citation
HH 686-18
Neutral Citation
[2018] ZWHH 686
Outcome
unknown
Case Type
Review

Bench

Presiding
CHITAPI J
Full Bench
CHITAPI JWAMAMBO J
Areas of Law
Criminal LawCriminal Procedure
Keywords
TheftSentencingRestitutionCompensationMagistrates Court ActCriminal Law (Codification and Reform) Act
Tags
TheftMalicious Damage to PropertySentencingReview
legislation
Statutes Cited
  • Criminal Law (Codification and Reform) Act
  • Magistrates Court Act
  • Criminal Procedure and Evidence Act
  • Criminal Procedure and Evidence Act
  • Criminal Law (Codification and Reform) Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the fine imposed for theft was competent in terms of s 113 of the Criminal Law (Codification and Reform) Act.","issue_type":"law","dispositive":"yes","related_facts":"The value of the stolen property was $155.00 and the fine imposed was $100.00."}
  • {"issue_text":"Whether the conditions of suspension for the sentence on count 2 were appropriate.","issue_type":"law","dispositive":"yes","related_facts":"The accused was sentenced for negligently causing damage to property, but the suspension was conditioned on not committing offences involving dishonesty."}
  • {"issue_text":"Whether the order for restitution of $155.00 was appropriate.","issue_type":"law","dispositive":"yes","related_facts":"The $155.00 represented the value of recovered items, not the damage to the TV stand."}
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background
Facts of the Case

Background

The accused was convicted on his own plea of guilty to theft of property valued at $155.00 and negligently causing serious damage to property. He was sentenced to a fine for theft and a partially suspended prison term for the damage. The Regional Magistrate referred the matter for review, querying the competency of the fine imposed and the conditions of suspension.
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