Difference between revisions of "Mandatory minimum sentence- special circumstances and reasons (Zimbabwe)"
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What happens where minimum mandatory sentence is introduced for a crime but X committed the crime before the mandatory sentence came into operation but he was convicted after the mandatory sentence came into operation? This question arose and was answered in Mzanywa & Ors HB-9-06. The court held that the mandatory penalty may not be imposed for that crime because s 18(5) of the Constitution provides that "no penalty shall be imposed for any criminal offence that is severer in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed". See also Ndlovu & Anor HH-70-06. | What happens where minimum mandatory sentence is introduced for a crime but X committed the crime before the mandatory sentence came into operation but he was convicted after the mandatory sentence came into operation? This question arose and was answered in Mzanywa & Ors HB-9-06. The court held that the mandatory penalty may not be imposed for that crime because s 18(5) of the Constitution provides that "no penalty shall be imposed for any criminal offence that is severer in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed". See also Ndlovu & Anor HH-70-06. | ||
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− | + | See [[Zimbabwe | Zimbabwe Criminal Defense Manual]] | |
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