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S v SITHOLE 1997 (1) ZLR 283 (S)

1997 (1) ZLR p283

Citation

1997 (1) ZLR 283 (S)

Case No

Judgment No. S-21-97

Court

Supreme Court, Harare

Judge

Gubbay CJ, Korsah JA & Ebrahim JA

Heard

3 February 1997

Judgment

13 March 1997

Counsel

J C Andersen SC, for the appellant
Miss B Hammond, for the respondent

Case Type

Criminal appeal

Annotations

No case annotations to date

Flynote

Criminal procedure — charge — defective — defect being cured by evidence — when amendment should be made

Criminal law — specific common law offences — fraud — elements — prejudice — charge not specifically alleging prejudice — when allegation potential prejudice can be inferred from charge — mens rea — whether intent to defraud as well as intent to deceive must be shown — admittedly false document being uttered with purpose of assisting person to whom it was uttered

Criminal procedure (sentence) — common law offences — fraud — legal practitioner making false court document

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