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Harare High Court
State v Tinashe Mashami and State v Mike Yonasi and 3 Others
HH 183-21
Case Details
Court
Harare High Court
Date
21 April 2021
Citation
HH 183-21
Neutral Citation
[2021] ZWHH 183
Outcome
unknown
Case Type
Review
Bench
Presiding
CHITAPI J
Full Bench
CHITAPI JMUSITHU J
Areas of Law
Criminal procedureConstitutional rights
Keywords
legal representationfair trials 163A Criminal Procedure and Evidence Actrobberyaggravating circumstances
Tags
reviewcriminal procedurefair trial rights
legislation
Statutes Cited
- Criminal Procedure and Evidence Act
- Criminal Procedure and Evidence Act
- Criminal Law (Codification and Reform) Act
- Magistrates Court Act
- Constitution of Zimbabwe Amendment (No. 20) Act, 2013
- Constitution of Zimbabwe Amendment (No. 20) Act, 2013
- High Court Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether failure to comply with s 163A requirement to inform accused of right to legal representation at commencement of trial vitiates the proceedings","issue_type":"procedural","dispositive":"yes","related_facts":"Magistrate admitted omission, accused not informed at trial commencement"}
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background
Facts of the Case
Background
Two separate criminal cases reviewed where the provincial magistrate failed to inform accused persons of their right to legal representation at commencement of trial as required by s 163A of the Criminal Procedure and Evidence Act. Both cases involved robbery charges where accused persons were convicted and sentenced.
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