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S v HARTLEBURY & ANOR 1985 (1) ZLR 1 (H)

1985 (1) ZLR p1

Citation

1985 (1) ZLR 1 (H)

Case No

Details not supplied

Court

High Court, Harare

Judge

McNally J and Assessors

Heard

24 January 1983

Judgment

24 January 1983

Counsel

A Chigovera for the State
AP de Bourbon for the defence

Case Type

Criminal Trial

Annotations

Link to case annotations

Flynote

Criminal procedure — conduct of trial — discharge at close of State case — test — discretion of court to refuse discharge despite lack of evidence.

Evidence — inferences — must be positive proved facts from which inference can be drawn — judicial notice — enemy — need for evidence to establish foreign state an enemy.

Legislation — Offical Secrets Act [Chapter 97] s 3(c)(ii) — communication of information useful to an enemy — elements of offence whether necessary to prove that State to which information was communicated was an enemy — how fact that State is an enemy may be established.

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