S v TSVANGIRAI 2004 (2) ZLR 210 (S)
Citation | 2004 (2) ZLR 210 (S) |
Case No | Judgment No. HH-169-04 |
Court | High Court, Harare |
Judge | Garwe J & Assessors |
Heard | 3 February 2003; 26 February 2004 |
Judgment | 15 October 2004 |
Counsel | B Patel, with him J Musakwa & M Nemadire, for the State |
Case Type | Criminal trial |
Annotations | Link to case annotations |
Flynote
Criminal law — common law crimes — high treason — requirements — evidence of conspiracy or incitement — must be at least one overt act or hostile intent — mere discussion not sufficient because there is no overt act or hostile intent
Criminal law — common law crimes — high treason — requirements — conspiracy — no conspiracy where one of conspirators merely pretending
Legal practitioner — conduct and ethics — prosecutor — duty of — to bring all relevant evidence before court –– relevant even if it does not support case for prosecution
Evidence — admissibility — video or audio tape — tape admissible as evidence even if part is inaudible, especially if accused accepts accuracy of audible parts
Evidence — witness — credibility — person standing to gain from his evidence cannot be considered credible
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