THE STATE v WANTMORE MASUKUME and TINASHE ZIREBA

HMA 62-20

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Case Details

Court

Masvingo High Court

Date

5 November 2020

Citation

HMA 62-20

Neutral Citation

[2020] ZWHMA 62

Outcome

unknown

Case Type

Review

Bench

Presiding

ZISENGWE J

Full Bench

ZISENGWE JMAWADZE J

Areas of Law

Criminal LawStatutory Interpretation

Keywords

theftRailways Actdolus eventualiscriminal intentvandalism

Key Issues

{"issue_text":"Whether the accused should have been charged under section 38(2) of the Railways Act rather than section 113(1)(a) of the Criminal Law (Codification and Reform) Act","issue_type":"law","dispositive":"yes","related_facts":"Use of jacks and spanners to remove brass bearings from railway wagons"}
{"issue_text":"Whether the magistrate erred in not querying the appropriateness of the charges in light of the Railways Act provisions","issue_type":"law","dispositive":"yes","related_facts":"The modus operandi of removing bearings from wagons"}
{"issue_text":"Whether the conviction should be quashed and matter remitted for retrial","issue_type":"procedural","dispositive":"yes","related_facts":"Sentences already imposed and possibly served"}

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background

Facts of the Case

Background

Two accused persons pleaded guilty to stealing brass bearings from NRZ railway wagons on two occasions in July and September 2020. They used jacks and spanners to remove the bearings from wagons parked at Triangle cane reception depot. They were apprehended on the second occasion.

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