S v MATIMBA 1989 (3) ZLR 173 (S)

1989 (3) ZLR p173

Flynote

Appeal — remittal for retrial — particulars of negligence not disclosed at trial although plea of guilty accepted — impropriety of remittal — irregularities in proceedings in trial court — accused prejudiced in his defence — conviction set aside.

Criminal law — motoring offences — negligence — standard of care required — Road Traffic Act 1976 — s 61 — duties of driver following accident — breaches of several duties should not be charged separately.

Criminal procedure — plea — of guilty — explanation of elements of offence — particulars of negligence in motoring case not put to accused — effect of such failure — charges — improper splitting of — breaches of duties under s 61 of Road Traffic Act 1976.