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Harare High Court
THE STATE v LOVEMORE KUROTWI and DOMINIC MUBAIWA
HH 49-11
Case Details
Court
Harare High Court
Date
15 February 2011
Citation
HH 49-11
Neutral Citation
[2011] ZWHH 49
Outcome
unknown
Case Type
Trial
Bench
Presiding
BHUNU J
Full Bench
BHUNU J
Areas of Law
Criminal ProcedureCriminal Law
Keywords
Amendment of chargeIndictmentCommittal for trialPrejudiceAudi alteram partem
Tags
IndictmentAmendment of chargeCommittal proceedings
legislation
Statutes Cited
- Criminal Procedure and Evidence Act
- Criminal Procedure and Evidence Act
- Criminal Procedure and Evidence Act
- Criminal Procedure and Evidence Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the State can unilaterally amend or substitute a charge after committal for trial but before plea without court leave","issue_type":"procedural","dispositive":"yes","related_facts":"Service of fresh charge after withdrawal of co-accused charges"}
- {"issue_text":"Whether the proposed amendment would prejudice the accused in their defence","issue_type":"fact","dispositive":"yes","related_facts":"Accused prepared defence based on original charge; new charge incorporates different facts"}
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background
Facts of the Case
Background
The two accused were jointly indicted for fraud on 10 January 2011. After charges against three co-accused were withdrawn to turn them into State witnesses, the prosecution served a fresh charge incorporating these changes. The accused objected to pleading to the fresh charge, arguing it was irregular and prejudicial.
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