S v MAHOVE & ORS 2009 (2) ZLR 19 (H)

2009 (2) ZLR p19

Flynote

Criminal procedure (sentence) – general principles – uniformity of sentence – discretion of court – no place for a tariff of sentences in respect of any crime where discretion is not fettered by statute – all facts and circumstances to be considered in arriving at a just sentence – sentences must be tailored to the particular offender – failure to do so a misdirection

Criminal procedure (sentence) – general principles — suspension of portion of sentence – first offender – where possible first offender should not be sentenced to effective imprisonment – no rule of law that first offenders who are imprisoned should have portion of sentence suspended – first offender sentenced to short periods of imprisonment – portion of any such short period of imprisonment should be suspended