PROSECUTOR-GENERAL v MUSVAIRE & ORS 2018 (2) ZLR 837 (H)
Citation | 2018 (2) ZLR 837 (H) |
Case No | Judgment No. HH-5-19 |
Court | High Court, Harare |
Judge | Hungwe J & Wamambo J |
Heard | 22 May 2018 |
Judgment | 28 November 2018 |
Counsel | Mrs S Fero, for the appellant |
Case Type | Appeal by Prosecutor-General |
Annotations |
Flynote
Court – judicial officer – functus officio – criminal matter – discharge at end of State case – judicial officer not rendered functus officio – may continue trial if matter remitted
Criminal procedure – charge – defect in charge – defect being cured by evidence
Criminal procedure – discharge at close of State case – appeal against discharge of accused at close of State case – discharge at close of State case not acquittal and doctrine of functus officio does not apply – if appeal against discharge succeeds matter can be remitted to trial court for continuation of trial
Criminal procedure – discharge at close of State case – application by Prosecutor-General for leave to appeal against discharge – time limitations – none stipulated but expectation is that appeal will be prosecuted speedily
Criminal procedure – discharge at close of State case – effect – not an acquittal – person may be re-charged – if matter remitted for continuation of trial, magistrate not functus officio
Criminal procedure – discharge at close of State case – when discharge should be ordered – principles
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