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Harare High Court
THE STATE v KIMSON MARIMO THE STATE v AUSTINE MANDAZA
HH 58-22
Case Details
Court
Harare High Court
Date
24 January 2022
Citation
HH 58-22
Neutral Citation
[2022] ZWHH 58
Outcome
unknown
Case Type
Review
Bench
Presiding
CHITAPI J
Full Bench
CHITAPI Jmusithu J Agrees
Areas of Law
Criminal Procedure and Evidence Act [Chapter 9:07]Criminal Law (Codification and Reform) Act [Chapter 9:23]
Keywords
Section 271(3)Mandatory procedureVitiates proceedingsQuashed
Tags
Guilty PleaCriminal ProcedureReview
legislation
Statutes Cited
- Criminal Procedure and Evidence Act
- Criminal Procedure and Evidence Act
- Criminal Law (Codification and Reform) Act
- Criminal Law (Codification and Reform) Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the trial magistrate's failure to record the explanation of the charge to the accused in terms of s 271(3) of the Criminal Procedure and Evidence Act vitiates the proceedings","issue_type":"procedural","dispositive":"yes","related_facts":"The trial magistrate did not record the explanation of the charge to the accused"}
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background
Facts of the Case
Background
Two separate criminal cases were heard by the same magistrate where accused persons pleaded guilty to robbery and stock theft respectively. The trial magistrate failed to record the explanation of the charge to the accused as required by statute, which procedural defect vitiated the proceedings.
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