THE STATE v MASIIWA GERALD and CHIKARE CLEVER

Key Issues

• {"issue_text":"Whether the evidence supported a conviction for dealing in copper without a license under s 3 of the Copper Control Act.","issue_type":"law","dispositive":"yes","related_facts":"Possession of copper, lack of evidence of dealing as a business"}
• {"issue_text":"Whether the conviction for smuggling under s 182 of the Customs and Excise Act was proper.","issue_type":"law","dispositive":"yes","related_facts":"Exportation of goods without declaration, concealment"}
• {"issue_text":"Whether the conviction for unlawful possession of excisable goods under s 184(e) of the Customs and Excise Act was proper.","issue_type":"law","dispositive":"yes","related_facts":"Possession of cigarettes liable to excise duty without payment"}
• {"issue_text":"Whether the combined sentence for counts 2 and 3 was lawful.","issue_type":"law/procedural","dispositive":"yes","related_facts":"Imposition of a single fine for two separate statutory offenses"}

Background