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Harare High Court
State v Tichaona Dzotizei; State v Peter Marizani; State v Robert Chimukoko and Liberty Jumbi; State v Lazarus Mandanda; State v Sharon Mapepa; State v Finish Kanyongo
HH 56-22
Case Details
Court
Harare High Court
Date
24 January 2022
Citation
HH 56-22
Neutral Citation
[2022] ZWHH 56
Outcome
unknown
Case Type
Review
Bench
Presiding
CHITAPI J
Full Bench
CHITAPI J
Areas of Law
Criminal ProcedureCriminal Law
Keywords
s 271(3) Criminal Procedure and Evidence Actguilty plea procedurecourt of recordprocedural compliance
Tags
criminal reviewprocedural irregularityguilty pleamagistrate court
legislation
Statutes Cited
- Criminal Procedure and Evidence Act
- Criminal Procedure and Evidence Act
- Criminal Law (Codification & Reform) Act
- Criminal Law (Codification & Reform) Act
- Criminal Law (Codification & Reform) Act
- Criminal Law (Codification & Reform) Act
- Domestic Violence Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether failure to comply with s 271(3) of the Criminal Procedure and Evidence Act vitiates criminal proceedings based on guilty plea","issue_type":"procedural","dispositive":"yes","related_facts":"Magistrate conceded non-compliance with mandatory provisions"}
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background
Facts of the Case
Background
Six criminal cases from Murehwa Magistrate Court where accused persons pleaded guilty and were convicted, but the trial magistrate failed to comply with mandatory procedural requirements under s 271(3) of the Criminal Procedure and Evidence Act by not properly recording the explanation of charges and accused's responses.
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