S v BLANCHARD & ORS 2001 (2) ZLR 373 (S)

2001 (2) ZLR p373

Flynote

Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — s 18(3) & 18(13)(b) — right to be presumed innocent until proved guilty — provision requiring accused to prove lawful excuse or authority or reasonable excuse — constitutionality

Criminal law — statutory offences — Aircraft (Offences) Act [Chapter 9:01] — s 7(1)(a) — placing dangerous goods aboard aircraft — intent necessary — lawful excuse — what is — proof of

Criminal law — statutory offences — Law and Order (Maintenance) Act [Chapter 11:07] — s 37(2) — possession of offensive weapons — intent necessary — lawful authority or reasonable excuse — what is — proof of

Criminal procedure (sentence) — general principles — back-dating of prison sentence to date of convicted person's arrest — incompetence of

Words and phrases — "lawful authority", "lawful excuse" and "reasonable excuse" — meaning — whether fact that conduct is not prohibited by common law necessarily amounts to lawful authority or lawful excuse — distinction between lawful authority or excuse and reasonable excuse