S v CHIRUNGA 1998 (2) ZLR 601 (H)

1998 (2) ZLR p601

Flynote

Criminal law — common law offences — housebreaking with intent to steal — employee of building society being let into premises after hours by cleaner — employee not authorised to be there during that time — housebreaking established

Criminal law — common law offences — theft — scheme whereby employee of building society fraudulently increased credit balances in customers' accounts — customers withdrawing money — appropriate charge should have been fraud — verdict of theft by false pretences sustainable

Criminal procedure — review — court's powers on review — alteration of verdict — substitution of verdict of theft by false pretences for verdict of theft — no application by State or submissions by defence — undesirability of altering verdict

Criminal procedure — verdict — competent verdict — charge of theft — whether conviction for theft by false pretences is proper