S v NICOLLE 1991 (1) ZLR 211 (S)
Citation | 1991 (1) ZLR 211 (S) |
Case No | Details not supplied |
Court | Supreme Court, Harare |
Judge | McNally JA, Korsah JA & Ebrahim JA |
Heard | 26 March 1991 |
Judgment | 13 May 1991 |
Counsel | M J Gillespie for the appellant |
Case Type | Criminal appeal |
Annotations | Link to case annotations |
Flynote
Criminal law — private defence — search of suspected poacher — use of force to overcome resistance justifiable both in defence of self and in defence of property.
Criminal procedure — search — landowner's powers of search and seizure over poacher — entitled to use reasonable force to overcome resistance — State outline — discrepancies between outline and evidence of State witness — adverse inference against witness in absence of explanation.
Evidence — accused — evidence not to be rejected merely for reason of it being exculpatory — complainant — tendency to exaggerate wrong not to be overlooked.
Interpretation of statutes — implied powers — where implication necessary. Legislation — Parks and Wild Life Act 1975, s 86(1) — Criminal Procedure and Evidence Act [Chapter 59], s 136(4a).
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