Bulawayo High Court - 2003 December

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4 judgments

Citation	Judgment date
December 2003
S v Ncube and Anor (CRB REG 1068 of 2002) [2003] ZWBHC 135 (17 December 2003) Magistrate's failure to obtain sentencing information for unrepresented accused led to withholding of certificate for unduly lenient sentence. Criminal law – Theft from employer – Sentence – Adequacy of pre-sentencing inquiry – Unrepresented accused – Duty of magistrate to elicit mitigation/aggravation – Scrutiny powers of regional magistrate (s58 Magistrates Court Act) – Withholding certificate for proceedings not in accordance with true and substantial justice	17 December 2003
S v Sikhosana (HCB 244 of 2003) [2003] ZWBHC 140 (10 December 2003) Bail pending appeal refused where applicant failed to show reasonable prospects of success against a custodial sentence for housebreaking and theft. Criminal law – Bail pending appeal – Applicant must show reasonable prospects of success on appeal; criteria include likelihood of non-custodial sentence, wholly suspended sentence, or material reduction of imprisonment – seriousness of housebreaking with theft – sentencing discretion of trial court.	10 December 2003
S v Maenzanise (HCB 240 of 2003) [2003] ZWBHC 133 (4 December 2003) Bail refused where strong evidence of guilt and a real risk of abscondment given likely lengthy sentence. Criminal procedure — Bail application — Risk of abscondment — Strength of evidence and likelihood of conviction — Prospective sentence relevant to bail decision.	4 December 2003
Edmond Car Sales v Geneux (HC 2271 of 1998) [2003] ZWBHC 132 (3 December 2003) Defendant who negotiated, gave deposit cheque and acted as contact was liable despite assertions of acting for an undisclosed principal. Contract law — hire of vehicles — agency and undisclosed principal — estoppel of apparent contracting party — election to sue agent or principal upon discovery	3 December 2003