Supreme Court of Zimbabwe - 1987

2 judgments
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2 judgments
Citation
Judgment date
January 1987
Magistrate's failure to consider statutory mandatory minimums and to record special circumstances rendered the sentences incompetent.
Criminal law – Mandatory minimum sentences – Parks and Wildlife Act (Act No. 14 of 1975, as amended by Act No. 35 of 1985) – Special circumstances exception – Requirement to record facts justifying lesser penalty – Review under s 23 to correct incompetent sentences.
27 January 1987
Applicant's convictions set aside where guilty plea and admissions were accepted without required s255 procedure; retrial ordered.
Criminal procedure — plea of guilty — failure to comply with s255(2)(b) & (3) — admissions under s291 — theft by conversion — requirement to explain essential elements — adequacy of confessions — excessive sentencing — remittal for trial de novo.
14 January 1987