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Harare High Court
Brian Harold Cocker v The State
HH 443-17
Case Details
Court
Harare High Court
Date
17 July 2017
Citation
HH 443-17
Neutral Citation
[2017] ZWHH 443
Outcome
unknown
Case Type
Appeal
Bench
Presiding
MUSAKWA J
Full Bench
MUSAKWA JCHATUKUTA J
Areas of Law
Criminal LawFraud
Keywords
fraudmisrepresentationrestitutiontobacco contract farming
Tags
fraudmisrepresentationcriminal appeal
legislation
Statutes Cited
- Criminal Law (Codification and Reform) Act
- Criminal Law (Codification and Reform) Act
- Criminal Law (Codification and Reform) Act
- Criminal Procedure and Evidence Act
- High Court Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether misrepresentation to an unidentified person constitutes fraud","issue_type":"law","dispositive":"yes","related_facts":"Appellant dealt with unidentified person at Tribac (Pvt) Ltd"}
- {"issue_text":"Whether the trial court erred in convicting when no fraud case was proven","issue_type":"mixed","dispositive":"yes","related_facts":"Elements of fraud under s 136 of Criminal Code"}
- {"issue_text":"Whether restitution should be paid to complainant or Tribac (Pvt) Ltd","issue_type":"law","dispositive":"no","related_facts":"Tribac (Pvt) Ltd was actual victim of fraud"}
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background
Facts of the Case
Background
The appellant, employed by Farmtrack Farming (Pvt) Ltd, negotiated with Tribac (Pvt) Ltd for financing of a Toyota truck under the tobacco contract farming scheme. The vehicle was registered in his personal name. He misrepresented that he was mandated by Farmtrack Farming (Pvt) Ltd to obtain the vehicle, inducing Tribac (Pvt) Ltd to authorize a $45,000 loan.
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