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Harare High Court
THE STATE v WALTER GARANEWAKO
HH 242-10
Case Details
Court
Harare High Court
Date
24 June 2010
Citation
HH 242-10
Neutral Citation
[2010] ZWHH 242
Outcome
unknown
Case Type
Review
Bench
Presiding
MUTEMA J
Full Bench
MUTEMA J
Areas of Law
Criminal LawStatutory Interpretation
Keywords
Unlawful entryCriminal trespassPremisesDwelling houseEnclosed area
Tags
Unlawful entry into premisesCriminal trespassStatutory interpretationReview
legislation
Statutes Cited
- Criminal Law (Codification and Reform) Act
- Criminal Law (Codification and Reform) Act
- Criminal Law (Codification and Reform) Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether an enclosed yard constitutes \"premises\" for the purposes of unlawful entry under section 131 of the Criminal Law (Codification and Reform) Act","issue_type":"law","dispositive":"yes","related_facts":"The accused opened a sliding gate and entered an enclosed yard but did not enter any building or structure"}
- {"issue_text":"Whether the correct charge should have been criminal trespass under section 132 rather than unlawful entry into premises under section 131","issue_type":"law","dispositive":"yes","related_facts":"The accused entered an enclosed yard through a sliding gate without permission"}
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background
Facts of the Case
Background
The complainant found the accused standing in her yard after he had opened her sliding gate. The accused was arrested and pleaded guilty to unlawful entry into premises. The Senior Regional Magistrate referred the matter for review, questioning whether entering an enclosed yard constituted unlawful entry into premises or merely criminal trespass.
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