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Harare High Court
The State v Bernice Chitsedza
HH 258-24
Case Details
Court
Harare High Court
Date
20 June 2024
Citation
HH 258-24
Neutral Citation
[2024] ZWHH 258
Outcome
unknown
Case Type
Review
Bench
Presiding
MUTEVEDZI J
Full Bench
MUTEVEDZI J
Areas of Law
Criminal procedureStatutory interpretation
Keywords
charge citationamendment regulationssexual intercourse with young personconstitutional invalidity
Tags
criminal reviewcharge framingstatutory amendmentsexual offence
legislation
Statutes Cited
- Criminal Law (Codification and Reform) Act
- Presidential (Temporary Measures) Act
- High Court Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether charge should cite amending regulations or amended principal Act","issue_type":"procedural","dispositive":"no","related_facts":"Charge cited s 4(1) of SI 2 of 2024 instead of s 70(a) of Criminal Law Code"}
- {"issue_text":"Whether incorrect charge citation prejudiced the accused","issue_type":"procedural","dispositive":"no","related_facts":"Accused pleaded guilty and admitted all essential elements"}
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background
Facts of the Case
Background
The accused was charged with and pleaded guilty to contravening s 4(1) of SI 2 of 2024 after having sexual intercourse with a 15-year-old girl. The review court found the charge citation incorrect as it referenced the amending regulations rather than the amended principal Act.
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