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Harare High Court
Dzingai Nevhunjere v The State
HH 169-17
Case Details
Court
Harare High Court
Date
30 May 2017
Citation
HH 169-17
Neutral Citation
[2017] ZWHH 169
Outcome
unknown
Case Type
Application
Bench
Presiding
Hungwe J
Full Bench
Hungwe J
Areas of Law
Criminal procedureConstitutional lawAbuse of process
Keywords
trial de novoabuse of processconstitutional rightsdouble jeopardystay of prosecution
Tags
abuse of processtrial de novoconstitutional rightsdouble jeopardy
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the proposed third trial constitutes an infringement of the applicant's constitutional rights","issue_type":"constitutional","dispositive":"yes","related_facts":"Applicant has undergone two incomplete trials; State wishes to proceed with third trial"}
- {"issue_text":"Whether the application constitutes an abuse of process","issue_type":"procedural","dispositive":"no","related_facts":"Applicant has filed multiple applications to delay proceedings"}
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background
Facts of the Case
Background
The applicant, charged with stock theft in 2002, has undergone two incomplete trials. After the first trial was quashed in 2007, a trial de novo was ordered. When the second trial reached closing stages, the applicant sought review, resulting in another order for trial de novo. The applicant now resists a third trial, claiming it violates his constitutional rights.
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