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S v MUKOME 2008 (2) ZLR 83 (H)

2008 (2) ZLR p83

Citation

2008 (2) ZLR 83 (H)

Case No

Judgment No. HH-68-08

Court

High Court, Harare

Judge

Makarau JP & Hungwe J

Heard

25 June 2008

Judgment

6 August 2008

Counsel

C Mukome, for the appellant
R Chikosha, for the respondent

Case Type

Criminal appeal

Annotations

Link to case annotations

Flynote

Criminal procedure (sentence) – general principles – factors to consider – need to balance interests of society and of the accused – prudent way of approaching sentence – sentencing court should identify and articulate the two conflicting interests

Criminal procedure (sentence) – statutory offences — Precious Stones Act [Chapter 21:06] – s 3(1) – possession of diamonds – failure to have adequate regard to personal circumstances of accused when considering sentence – effective sentence of 2 years' imprisonment excessive – failure to consider sentencing options other than imprisonment amounting to a misdirection – fine and wholly suspended term of imprisonment appropriate

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