ATTORNEY-GENERAL v PAWENI TRADE CORP (PVT) LTD & ORS 1990 (1) ZLR 24 (S)
Citation | 1990 (1) ZLR 24 (S) |
Case No | Details not supplied |
Court | Supreme Court, Harare |
Judge | Gubbay JA, Manyarara JA & Korsah JA |
Heard | 15 May 1989 |
Judgment | 18 January 1990 |
Counsel | IJ Houston for the appellant |
Case Type | Application for leave to appeal and criminal appeal |
Annotations | Link to case annotations |
Flynote
Criminal law — fraud — essential elements — causation
Appeal — Attorney-General — right of appeal under Supreme Court of Zimbabwe Act, 1981 s 11A — error of fact must be inconsistent with logic and common sense.
Criminal procedure — liability director for crimes committed by company — Criminal Procedure and Evidence Act [Chapter 59] s 357(5) — onus director must show he did not participate in acts or could not have prevented commission of offence.
Company — liability of director for crimes committed by company.
Evidence — circumstantial evidence — inference — proof of facts.
Criminal procedure (sentence) — fraud — prejudice of $1 352 906,20 — appropriate sentence — no purpose served by imposing longer sentence of imprisonment and suspending part.
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