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Bulawayo High Court
THE STATE v MAXWELL MOYO And LEEROY NDLOVU
HB 139/20
Case Details
Court
Bulawayo High Court
Date
2 July 2020
Citation
HB 139/20
Neutral Citation
[2020] ZWHB 139
Outcome
unknown
Case Type
Review
Bench
Presiding
DUBE-BANDA J
Full Bench
DUBE-BANDA JKabasa J
Areas of Law
Criminal ProcedureConstitutional LawCriminal Law
Keywords
fair triallegal representationsection 163Asection 69 Constitutionwaiver
Tags
automatic reviewsexual offenceright to legal representation
legislation
Statutes Cited
- Criminal Procedure and Evidence Act
- Criminal Procedure and Evidence Act
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
- High Court Act
- Criminal Law [Codification and Reform] Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the failure by the trial court to inform the accused persons of their right to legal representation constitutes a fatal irregularity that renders the conviction unsafe","issue_type":"constitutional","dispositive":"yes","related_facts":"The accused persons were not informed of their right to legal representation at the commencement of trial"}
- {"issue_text":"Whether the proceedings were in accordance with real and substantial justice as required by section 29(2)(b)(i) of the High Court Act","issue_type":"procedural","dispositive":"yes","related_facts":"The trial court's failure to comply with mandatory statutory requirements"}
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background
Facts of the Case
Background
Two accused persons were tried and convicted in the Regional Court for contravening section 65 of the Criminal Law (Codification and Reform) Act, involving sexual intercourse without consent with a female juvenile. The matter was placed before the High Court for automatic review, where it was discovered that the trial court had failed to inform the accused of their right to legal representation as required by law.
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