S v MAKUNIKE 2015 (2) ZLR 404 (H)

Flynote

Criminal procedure – sentence – trial magistrate of the opinion that sentence in excess of his jurisdiction justified – magistrates Court Act [Chapter 7:10], section 54(2) – prosecuting authority – duty of – must carefully consider request by trial magistrate before directing referral to High Court for stiffer sentence – factors to consider.

Criminal procedure – sentence – Offences under the Criminal Law (Codification and Reform) Act [Chapter 9:23] – kidnapping or unlawful detention, section 93(1)(b)(ii) – assessing appropriate penalty – factors to be considered.