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S v MUPATSI 2010 (2) ZLR 529 (H)

2010 (2) ZLR p529

Citation

2010 (2) ZLR 529 (H)

Case No

Judgment No. HH-73-11

Court

High Court, Harare

Judge

Karwi J and Mavangira J

Heard

23 November 2010

Judgment

23 November 2010

Counsel

A Demo, for the appellant
F I Nyahunzvi, for the respondent

Case Type

Criminal appeal

Annotations

No case annotations to date

Flynote

Criminal procedure - charge - splitting of charges - rule against improper splitting of charges - dominant purpose of accused in committing interrelated offences - accused should only be charged with that offence which was his dominant purpose

Criminal procedure - onus of 'proof' - explanation given by accused - no onus on an accused to convince court of truth of his explanation - if explanation reasonably possible, accused entitled to acquittal

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