S v Chilimanzi 1990 (1) ZLR 150 (HC)

Smith J:

The appellant was convicted of fraud and sentenced to 22 months imprisonment. The appellant was convicted just over a year after his arrest and his appeal against sentence was heard some two and a half years after sentence was imposed. Held that even if such delay in bringing an accused to trial is not unusual the further delay in the preparation of the record and setting down the appeal is unconscionable. Held that it would not be just to send the appellant to prison after so long a delay even though the offence justified a custodial sentence. Delays of this nature cause suffering and mental anguish to the accused and are incompatible with justice or the provisions of 18 of the constitution.

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