The appellant was convicted by the Regional
Magistrates' Court for Hwange of one count of rape and sentenced to 14 years
imprisonment of which 3 years imprisonment was suspended for 5 years on
condition of future good behaviour.
He appealed against both conviction
and sentence.
Before the matter was set down for
argument, the Attorney General's representative conceded the appeal and gave
notice to the Registrar, in terms of section 35 of the High Court Act [Chapter
7:06], that he does not support the conviction. The matter was then placed
before me for consideration.
Section 35 of the High Court Act [Chapter 7:06]
provides as follows:
“When an appeal in a criminal case,
other than an appeal against sentence only, has been noted to the High Court,
the Attorney General may, at any time before the hearing of the appeal, give
notice to the Registrar of the High Court that he does not, for the reasons
stated by him, support the conviction, whereupon a judge of the High Court, in
chambers, may allow the appeal and quash the conviction without hearing
argument from the parties or their legal representatives and without their
appearing before him.”
I have gone through the record of
proceedings and submissions made by counsel and I am of the view that the
concession made has been properly made as the conviction of the appellant is
indeed unsafe.
Accordingly, I order as follows; that
(1) The conviction of the appellant be and is hereby
quashed.
(2)
The sentence of the appellant is hereby set aside.
