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Harare High Court
The State v Benjamin Never
HH 66/2010
Case Details
Court
Harare High Court
Date
7 April 2010
Citation
HH 66/2010
Neutral Citation
[2010] ZWHH 66
Outcome
unknown
Case Type
Trial
Bench
Presiding
Kudya J
Full Bench
Kudya J
Areas of Law
Criminal lawWildlife protection law
Keywords
murderpoachingindemnitygame rangerwildlifeshooting
Tags
murdergame rangerpoachingindemnitywildlife protection
legislation
Statutes Cited
- Criminal Procedure and Evidence Act
- Protection of Wild Life (Indemnity) Act
- Protection of Wild Life (Indemnity) Act
- Protection of Wild Life (Indemnity) Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the accused acted in good faith for purposes of suppressing unlawful hunting of wildlife","issue_type":"mixed","dispositive":"yes","related_facts":"Accused was game ranger, deceased was poaching, shooting occurred during patrol"}
- {"issue_text":"Whether the State established a prima facie case that the accused acted with an ulterior motive","issue_type":"law","dispositive":"yes","related_facts":"Evidence from State witnesses, contradictions in testimony"}
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background
Facts of the Case
Background
A game ranger employed by Parks and Wild Life Management Authority shot and killed a poacher in Mupfurudzi Game Park. The ranger was charged with murder but applied for discharge at the close of the State case, relying on indemnity provisions under the Protection of Wild Life (Indemnity) Act.
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