S v DZIMURI & ORS 1997 (2) ZLR 27 (H)

1997 (2) ZLR p27

Flynote

Criminal law — common law offences — kidnapping — what is — deprivation of liberty — relevance of length of time during which person is deprived of liberty — accused forcing driver of bus to take them on a short detour — motive unclear — whether kidnapping of driver proved — element of "evil intent" — meaning and relevance of — charge — use of word plagium — not likely to be understood by the common person — use of word "kidnapping" preferable — need in charge to allege intention of depriving person of his liberty

Criminal law — defences — de minimis non curat lex — application — principles relevance — effect of conduct upon the community's interests

Criminal procedure — charge — splitting — two offences forming part of single course of conduct — evidence required to prove essential elements of each not the same — general criminality of conduct being adequately punished on one count — may be taken into account in determining whether to regard other count as requiring separate conviction or punishment