THE STATE v STEVEN MARSHAL MUNEMO & OTHERS

HH 348-2012

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Case Details

Court

Harare High Court

Date

12 September 2012

Citation

HH 348-2012

Neutral Citation

[2012] ZWHH 348

Outcome

unknown

Case Type

Review

Bench

Presiding

PATEL J

Full Bench

PATEL JKUDYA J

Areas of Law

Criminal LawCriminal Procedure

Keywords

section 236Criminal Law Codecross-examinationmistake of lawadministrative officer

Key Issues

{"issue_text":"Whether the accused's reliance on a chief's letter constitutes a defence under section 236 of the Criminal Law Code","issue_type":"law","dispositive":"yes","related_facts":"The accused claimed to act on a chief's letter; the letter was not produced; they first sought police assistance"}
{"issue_text":"Whether the failure to allow the accused to cross-examine their co-accused constitutes a fatal misdirection","issue_type":"procedural","dispositive":"yes","related_facts":"The trial magistrate conceded oversight; no testimony implicated co-accused"}

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background

Facts of the Case

Background

On 19 March 2010, five accused persons forcibly entered the complainant's homestead, removed property valued at US$454 including US$200 in cash, and dumped it in the yard. They claimed to be acting on instructions from a local chief and the police. They were convicted of unlawful entry and theft. The trial magistrate failed to allow them to cross-examine their co-accused and did not fully address their defence based on a chief's letter.

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