Cleopas Chandaengerwa v The State

### Preamble
1
HH328-2012
B659-2012
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CLEOPAS CHANDAENGERWA

and

THE STATE

HIGH COURT OF ZIMBABWE

ZHOU J

HARARE, 17 and 21 August 2012

RULING

ZHOU J: This is an application for bail pending appeal. After I had heard argument from both parties I indicated that my ruling would be given on 21 August 2012. This is it.

The applicant was convicted of attempted rape by the Magistrates’ Court at Kadoma. He was sentenced to four years imprisonment of which one year imprisonment was suspended for five years on condition that within that period the applicant does not commit any offence involving sexual violence and for which upon conviction he will be sentenced to imprisonment without the option of a fine. The applicant noted an appeal against both conviction and sentence.

The principles applicable in an application for bail pending appeal are settled. See S v Dzawo 1998 (1) ZLR 536 (SC). This application can be disposed of on the basis of the prospects of success of the appeal. In his notice of appeal the applicant essentially raises two matters namely ;- (1) the credibility of the complainant and (2) the question of his identification as the assailant. The judgment of the Learned Magistrate extensively answers to both complaints.

The court a quo assessed the credibility of the complainant and accepted her testimony as reliable. It noted that the complainant stuck to her version of events, and was not shaken by cross-examination. The record of proceedings confirms that conclusion.

The applicant’s alibi was properly rejected as he was properly identified by the complainant. The complainant knew the applicant well. The attack happened in broad day light. Allegations of false incrimination were properly rejected as they lack substance. The sentence imposed does not induce any sense of shock. The appeal lacks prospects of success.

Accordingly, the application for bail is dismissed.

I.Murambasvina, Applicant’s legal practitioners