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S v MAZURU 2020 (2) ZLR 184 (H)

2020 (2) ZLR p184

Citation

2020 (2) ZLR 184 (H)

Case No

Judgment No. HMa–36-20

Court

High Court, Masvingo

Judge

Mawadze J & Zisengwe J

Heard

15 July 2020

Judgment

16 July 2020

Counsel

O Mafa, for the appellant
E Mbavarira, for the respondent

Case Type

Criminal appeal

Annotations

Flynote

Appeal – criminal case – correction of charge on appeal – court's power use review powers to correct error – substitution of charge to one disclosed by facts

Criminal law – offences under Criminal Law Code – fraud (s 136) – elements – misrepresentation and prejudice – no allegation or proof of to whom misrepresentation made or nature of prejudice – fraud no disclosed

Criminal procedure – review – amendment of charge on review – accused incorrectly charged with fraud – facts disclosing offence which was not a competent verdict on charge of fraud – correction of charge to one disclosed by facts

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