HH 296-18 LEFAN MWANZA and Anor versus THE STATE

LEFAN MWANZA

and

KOMBORERAI MHEMBERE

versus

THE STATE

 

 

 

HIGH COURT OF ZIMBABWE

NDEWERE J

HARARE, 20 March 2018

 

 

 

Bail Pending Appeal

 

 

 

M. Nyatsoma, for the applicants

K. Kunaka, for the respondent

 

 

            NDEWERE J: The applicants pleaded guilty to fraud. They were convicted and sentenced to 26 months imprisonment of which six months were suspended on conditions of good behaviour. They were to serve an effective 14 months in jail. They appealed against sentence only and applied for bail pending appeal.

            No misdirection was established by the applicants in this case. The trial magistrate considered all the factors. He said the plea of guilty was mitigatory and that is why he sentenced the applicants to 26 months instead of the 32 months he had initially thought about. He found that the pre-planning by these Harare based accused persons to go to the unsuspecting complainants of Chinhoyi was aggravatory. He also said community service would triviliase the offence. As regards restitution, it was noted that none had been made at the time of sentence.

            It must be noted that after conviction and sentence, bail is no longer a right as in bail pending trial. Bail pending appeal is therefore granted as the exeption rather than the norm. See Munyaradzi Kereke v Francis Maramwidze HH 632/16. See also S v Tengende, 1981 ZLR 445 at 448 where the court said;

 

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2018