CCZ 2020-08 S v Mukondo

FACTUAL BACKGROUND
The applicant was employed by the Zimbabwe Republic Police as the Officer-In-Charge of Guruve Criminal Investigation Department. On 24 October 2014 he was arraigned before the magistrate’s court facing a charge of bribery, as defined in s 170(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (“the Criminal Law Code”).
 
It was the respondent’s case that on 03 April 2014 the applicant unlawfully and intentionally received $200.00 from one Biggie Chipfunde in order to influence investigations in a criminal case involving the latter as an accused. The criminal case was pending before the magistrate’s court. The applicant denied the charge of bribery. He said that he received the money from Biggie Chipfunde, genuinely believing that it was a donation to a fundraising campaign. After a full trial, the applicant was convicted of bribery. He was sentenced to twelve months’ imprisonment, of which four months were suspended for a period of five years on conditions of good behaviour.
 
The applicant noted an appeal to the High Court against the conviction and sentence. The grounds of appeal against conviction were that the trial magistrate ignored glaring inconsistences in the evidence of the respondent’s witnesses; that the respondent failed to prove its case beyond a reasonable doubt; and that the authority to organise entrapment had not been properly obtained. The ground of appeal against sentence was that a non-custodial sentence was more appropriate given the circumstances of the case. The High Court upheld the conviction. The appeal against sentence was also dismissed by the High Court.
2020

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