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S v BLANCHARD & ORS 1999 (2) ZLR 168 (H)

1999 (2) ZLR p168

Citation

1999 (2) ZLR 168 (H)

Case No

Judgment No. HH-224-99

Court

High Court, Harare

Judge

Adam J & Assessors

Heard

10 September 1999

Judgment

13 September 1999

Counsel

J Musakwa, for the State
J C Andersen SC, for the accused

Case Type

Criminal trial

Annotations

Link to case annotations

Flynote

Criminal law (statutory offences) — Aircraft (Offences) Act [Chapter 9:01] — s 7(1)(a) — attempting to place dangerous goods on an aircraft without lawful excuse — meaning of "lawful excuse" — onus on accused to show existence of lawful excuse — Law and Order (Maintenance) Act [Chapter 11:07] — s 37(3) — possession of arms of war "without lawful authority or reasonable excuse" — meaning — onus on accused

Criminal procedure (sentence) — statutory offences — Law and Order (Maintenance) Act [Chapter 11:07] — s 37(3) — possession of arms of war — "special circumstances" for not imposing mandatory minimum sentence — includes torture and other ill-treatment at hands of authorities

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