CHICHERA v ATTORNEY-GENERAL 2005 (1) ZLR 307 (S)

2005 (1) ZLR p307

Flynote

Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Right — s15(1) — prohibition against torture or inhuman or degrading punishment — includes punishments which are grossly disproportionate to the seriousness of the offence — mandatory minimum sentence irrespective of seriousness of offence — test of proportionality — must be applied generally and not on an individual basis — punishment must be so excessive as to shock or outrage contemporary standards of decency — special circumstances — provision whereby mandatory minimum sentence not applicable where special circumstances found — sufficient safeguard against the imposition of a sentence which might otherwise have been considered grossly disproportionate

Criminal procedure (sentence) — statutory offences — Drugs and Allied Substances Control Act [Chapter 320 of 1974] — possession of dangerous drugs — mandatory minimum sentence of 20 years imposed in 1995 — s 44(2) of the Act subsequently repealed so as to remove the mandatory minimum provision — in 1995 society would not have been outraged by the sentence

Criminal procedure (sentence) — statutory offences — Drugs and Allied Substances Control Act [Chapter 320 of 1974] — s 44(2) — special circumstances — mandatory minimum sentence — such sentence not mandatory if special circumstances found — sufficient safeguard against the imposition of a sentence which might otherwise have been considered grossly disproportionate