FRANCIS MANGWIRO

versus

THE STATE

HIGH COURT OF ZIMBABWE

CHATUKUTA J

HARARE, 13 January 2006

Chamber Application

          CHATUKUTA J:  On 19 October 2005, applicant was convicted, on his own guilty plea, of culpable homicide.  The facts of the matter are that the applicant was driving an omnibus along the Centenary-Mazowe Road carrying passengers when he was involved in an accident resulting in the death of the now deceased.  Applicant was sentenced on 21 October 2005 to 12 months imprisonment of which 6 months imprisonment was suspended for 5 years on condition of good behaviour.  His licence was cancelled and he was barred from driving all classes of motor vehicles for a period of 18 months.

            In terms of Rule 34 of the Supreme Court (Magistrates Courts) (Criminal Appeals) Rules, 1979, a convicted person is required to note an appeal within 5 days of the passing of