S v MAKWAKWA 1997 (2) ZLR 298 (H)
Citation | 1997 (2) ZLR 298 (H) |
Case No | Judgment No. HH-141-97 |
Court | High Court, Harare |
Judge | Gillespie J |
Heard | 10 September 1997 |
Judgment | 10 September 1997 |
Counsel | Details not supplied |
Case Type | Criminal review |
Annotations | Link to case annotations |
Flynote
Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — s 13 — protection of right to liberty — requirement that arrested person be brought to court without undue delay — effect on power of police to detain an arrested person — s 15 — protection against inhuman or degrading treatment — suspect being shackled to bench in police station overnight and questioned throughout
Criminal law — statutory offences — escape from lawful custody — no offence where custody unlawful
Criminal procedure — arrest — without warrant — detention following arrest — maximum period allowed — requirement that arrested person be brought to court as soon as possible — effect — when delay may be countenanced
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