S v MPA 2014 (1) ZLR 572 (H)

2014 (1) ZLR p572

Flynote

Criminal law – general principles – possession – what constitutes – a person has possession of something if he knows of its presence and has physical control of it or has the power or intention to control it – different types of possession – actual possession and constructive possession – prohibited items not on person of suspect – when mental element may be established

Evidence – circumstantial – drawing an inference of guilt – what needs to be proved – evidence of a police informer who is not called to give evidence – extreme danger involved in convicting without hearing such evidence – violation of an accused's rights to a fair trial

Property and real rights – possession – what must be shown to establish possession – actual or constructive possession – distinction between