THE STATE v SIKOMBE GEORGE and INNOCENT TAKAWIRA and BISERK FERENANDO

HH 562-17

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Case Details

Court

Harare High Court

Date

29 August 2017

Citation

HH 562-17

Neutral Citation

[2017] ZWHH 562

Outcome

unknown

Case Type

Review

Bench

Presiding

MANGOTA J

Full Bench

HUNGWE JMANGOTA J

Areas of Law

Criminal LawCriminal Procedure

Keywords

guilty pleaessential elementscriminal trespasss 132 Criminal Law Codification and Reform Actplea adequacy

Key Issues

{"issue_text":"Whether the guilty plea was valid when not all essential elements of the offence were put to the accused","issue_type":"procedural","dispositive":"yes","related_facts":"Trial magistrate failed to canvass all elements of s 132(1)(a)"}
{"issue_text":"Whether the accused were properly charged under s 132 or should have been charged under s 131","issue_type":"law","dispositive":"no","related_facts":"Nature of structure (building under construction vs premises)"}
{"issue_text":"Whether the conviction can stand given the procedural defects","issue_type":"procedural","dispositive":"yes","related_facts":"Inadequate plea procedure"}

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background

Facts of the Case

Background

Three accused persons were charged with criminal trespass under section 132(1)(a) of the Criminal Law Codification and Reform Act after entering Lovisa Banda's land at T.I. Dombotombo Business Centre in Marondera on 26 January 2016. They pleaded guilty and were convicted, but the conviction was later reviewed and quashed because the trial magistrate failed to put all essential elements of the offence to the accused during the plea.

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