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Harare High Court
THE STATE v TERRENCE MUKUPE, SAME KAPISSORISO, JOSEPH TADERERA and LEONARD MUDZUTO
HH 625-23
Case Details
Court
Harare High Court
Date
16 November 2023
Citation
HH 625-23
Neutral Citation
[2023] ZWHH 625
Outcome
unknown
Case Type
Trial
Bench
Presiding
CHIKOWERO J
Full Bench
CHIKOWERO J
Areas of Law
Criminal LawCustoms and Excise Law
Keywords
fraudduty evasiontransit clearanceorganized crimesentencing
Tags
FraudCustoms and ExciseSmugglingEconomic Sabotage
legislation
Statutes Cited
- Criminal Law (Codification and Reform) Act
- Customs and Excise Act
- Customs and Excise Act
- Customs and Excise Act
- Criminal Procedure (Sentencing Guidelines) Regulations
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the accused persons are guilty of contravening s 174(1)(e) of the Customs and Excise Act","issue_type":"fact","dispositive":"yes","related_facts":"All facts regarding the importation of diesel, use of transit documents, interception at Chirundu, and replacement with water"}
- {"issue_text":"What is the appropriate sentence for the convicted accused","issue_type":"law","dispositive":"yes","related_facts":"Aggravating and mitigating factors including value of goods, organized criminal group, delay in trial, impact on families"}
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background
Facts of the Case
Background
The accused persons were charged with fraud for misrepresenting that 138,979 litres of diesel were in transit to the Democratic Republic of Congo to evade duty at Forbes Border Post. They were acquitted of fraud but convicted of the alternative charge of importing diesel without paying duty. The court found they were part of an organized criminal group that decanted the fuel in Zimbabwe and replaced it with water to avoid detection at the exit border.
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