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Harare High Court
THE STATE v KUDAKWASHE JASINA and MUNYARADZI DANFORD SANYIKA
HH 850-22
Case Details
Court
Harare High Court
Date
23 November 2022
Citation
HH 850-22
Neutral Citation
[2022] ZWHH 850
Outcome
unknown
Case Type
Review
Bench
Presiding
MUTEVEDZI J
Full Bench
MUTEVEDZI JMUNGWARI J
Areas of Law
Criminal LawCriminal Procedure
Keywords
RestitutionCompensationSentencing GuidelinesMagistrates Court
Tags
SentencingRestitutionCriminal Procedure
legislation
Statutes Cited
- Criminal Procedure and Evidence Act
- Criminal Procedure and Evidence Act
- Criminal Procedure and Evidence Act
- Criminal Procedure and Evidence Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether restitution can be imposed as a direct sentence without being preceded by a suspended sentence","issue_type":"law","dispositive":"yes","related_facts":"Restitution orders were made directly as part of sentences"}
- {"issue_text":"Whether restitution can be awarded under Part XIX without an application by the injured party or prosecutor","issue_type":"law","dispositive":"yes","related_facts":"No application was made for restitution under Part XIX"}
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background
Facts of the Case
Background
Two accused persons were separately convicted of theft by a magistrate at Marondera. The sentences included restitution orders to be paid to the complainants. The regional magistrate raised concerns about the legality of these restitution orders, noting that restitution is not a sentence but a condition of suspension.
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