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S v TINODYA & ORS 2018 (1) ZLR 410 (H)

2018 (1) ZLR p410

Citation

2018 (1) ZLR 410 (H)

Case No

Judgment No. HH-215-18

Court

High Court, Harare

Judge

Hungwe J and Wamambo J

Heard

29 March 2018

Judgment

25 April 2018

Counsel

D Mudadirwa, for the appellant
Mrs S Fero, for the respondent

Case Type

Criminal appeal

Annotations

Flynote

Criminal law – statutory offences – Communal Lands Act [Chapter 20:04] – occupying or using communal land without lawful authority – various defences available to the accused in terms of statute law

Criminal procedure – plea – guilty – magistrates court – conviction on basis of plea alone – procedure only applicable where offence is trivial

Criminal procedure – trial –unrepresented accused – magistrates court – procedure to be adopted by magistrate – requirement to point out possible defences to statutory offences – duty of court to safeguard fair trial

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