ATTORNEY-GENERAL v MZIZI 1991 (2) ZLR 321 (S)
Citation | 1991 (2) ZLR 321 (S) |
Case No | Details not supplied |
Court | Supreme Court, Harare |
Judge | Gubbay CJ, McNally JA & Manyarara JA |
Heard | 18 November 1991 |
Judgment | 5 December 1991 |
Counsel | J Zindi for the appellant |
Case Type | Criminal appeal |
Annotations | Link to case annotations |
Flynote
Appeal — against discharge of accused at close of State case — leave of judge of Supreme Court required.
Criminal procedure — application for discharge of accused at close of State case — test applicable — how credibility of prosecution witnesses to be treated — competent verdicts — not competent to acquit on main charge and proceed on lesser charge revealed by evidence — proper procedure in such cases is to remit the matter for continuation of trial.
Criminal Procedure and Evidence Act [Chapter 59] — s 188 (3) — application for discharge at close of State case — section not operative where there is evidence upon which accused might be convicted of lesser offence — amendment to subs (3a) — effect is to allow appeals against decision granting discharge at close of State case — subs (3b)(b) allows remittal for continuation of trial or for a trial de novo.
Evidence — credibility of prosecution witnesses — how to be measured in application for discharge — test applicable.
Legislation — Criminal Procedure and Evidence Act [Chapter 59] s 188(2b)(b)(i); s 188 (3); 188 (3a); s 199.
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