THE STATE v TENDAI METHIAS CHIVERO

HH 444-17

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Case Details

Court

Harare High Court

Date

2017

Citation

HH 444-17

Neutral Citation

[2017] ZWHH 444

Outcome

unknown

Case Type

Review

Bench

Presiding

MWAYERA J

Full Bench

MWAYERA JMUSAKWA J

Areas of Law

Criminal LawCriminal Procedure

Keywords

Unlawful EntryTheftSentencingReviewGuilty PleaFirst Offender

Key Issues

{"issue_text":"Whether the sentences imposed by the trial magistrate were appropriate and in accordance with real and substantial justice","issue_type":"law","dispositive":"yes","related_facts":"Sentences of 18 years and 14 years imprisonment for multiple counts of unlawful entry and theft"}
{"issue_text":"Whether the trial magistrate properly exercised sentencing discretion","issue_type":"law","dispositive":"yes","related_facts":"Failure to consider guilty plea, first offender status, and failure to suspend portions of sentences"}
{"issue_text":"Whether the trial magistrate erred in not treating all counts as one for sentencing","issue_type":"law","dispositive":"yes","related_facts":"Multiple counts sentenced separately without grouping"}

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background

Facts of the Case

Background

Two accused persons were convicted of multiple counts of unlawful entry and theft. Tendai Methias Chivero pleaded guilty to 9 counts, stealing property valued at approximately $7,505. Washington Murenze was convicted after a trial for 7 counts, stealing property valued at approximately $1,588. Both received custodial sentences which the review court found to be unduly harsh.

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