THE STATE v PAIDAMOYO GADZAMBO

HH 806-18

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Case Details

Court

Harare High Court

Date

7 December 2018

Citation

HH 806-18

Neutral Citation

[2018] ZWHH 806

Outcome

unknown

Case Type

Review

Bench

Presiding

MUZOFA J

Full Bench

MUZOFA JMUSAKWA J

Areas of Law

Criminal LawDomestic Violence Law

Keywords

Threat to killExcessive sentenceMaintenanceCommunity service

Key Issues

{"issue_text":"Whether the sentence imposed by the magistrate was excessive and exceeded the statutory limit","issue_type":"law","dispositive":"yes","related_facts":"The magistrate sentenced the accused to 10 months imprisonment for an offence carrying a maximum sentence of 6 months"}
{"issue_text":"Whether the charge under the Criminal Law Codification and Reform Act was appropriate or whether the Domestic Violence Act should have been applied","issue_type":"law","dispositive":"no (commentary only)","related_facts":"The parties were divorced and the accused threatened the complainant after she applied for maintenance"}

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background

Facts of the Case

Background

The accused and complainant were divorced. The complainant applied for maintenance, which angered the accused. The accused went to the complainant's house armed with an axe and spear, threatening to kill her. The accused was charged under the Criminal Law Codification and Reform Act and pleaded guilty.

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