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Harare High Court
Kenmore Sign and Blessing Kutyauripo v The State
HH 336-21
Case Details
Court
Harare High Court
Date
15 June 2021
Citation
HH 336-21
Neutral Citation
[2021] ZWHH 336
Outcome
unknown
Case Type
Review
Bench
Presiding
CHITAPI J
Full Bench
CHITAPI JMUSITH J
Areas of Law
Criminal procedureCriminal law
Keywords
s 271(3) Criminal Procedure and Evidence ActExplanation of chargeProcedural irregularityReview
Tags
Criminal procedureReviewProcedural irregularity
legislation
Statutes Cited
- Criminal Procedure and Evidence Act
- Criminal Procedure and Evidence Act
- Criminal Law Code
- Criminal Code
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the failure to explain the charge to the accused before plea constitutes a procedural irregularity requiring setting aside of conviction and sentence","issue_type":"procedural","dispositive":"yes","related_facts":"Magistrate's admission of failure to record explanation of charge"}
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background
Facts of the Case
Background
Two accused persons were convicted by the same magistrate at Mount Darwin Magistrates' Court for robbery and assault respectively. Both cases suffered from the same procedural irregularity where the magistrate failed to explain the charges to the accused persons before calling upon them to plead, as required by s 271(3)(a) of the Criminal Procedure and Evidence Act.
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