S v MUROMO & ORS 2012 (2) ZLR 24 (H)

2012 (2) ZLR p24

Flynote

Criminal procedure – charge – prosecutor's duty to prefer appropriate charge – charging accused with culpable homicide when murder was clearly the appropriate charge – a dereliction of duty on part of prosecutor

Criminal procedure – trial – stopping of – lesser charge brought when facts showed that more serious charge appropriate – duty of magistrate to stop trial and refer matter to Attorney-General

Legal practitioner – prosecutor – dominus litis – limits to – lesser charge brought when facts showed that more serious charge appropriate – court's power and duty to ensure that trial proceeds on appropriate charge

Legal practitioner – prosecutor – duty – to ensure that correct charges are brought against offenders – bringing lesser charge when serious one appropriate – failure of duty on part of prosecutor