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Harare High Court
Kennedy Masvaure v The State
HH 112-2005
Case Details
Court
Harare High Court
Date
29 March 2006
Citation
HH 112-2005
Neutral Citation
[2005] ZWHH 112
Outcome
unknown
Case Type
Review
Bench
Presiding
Hungwe J
Full Bench
Hungwe J
Areas of Law
Criminal ProcedureCriminal Law
Keywords
guilty pleaplea alterationsection 271criminal review
Tags
plea alterationcriminal procedurereview application
legislation
Statutes Cited
- Criminal Procedure and Evidence Act
- Fire Arms Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the magistrate erred in refusing to allow alteration of plea from guilty to not guilty","issue_type":"procedural","dispositive":"yes","related_facts":"Accused pleaded guilty unrepresented, applied to alter plea after verdict with counsel"}
- {"issue_text":"Whether the plea was voluntarily and understandingly made","issue_type":"mixed","dispositive":"yes","related_facts":"Accused claims he was rushed and misled"}
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background
Facts of the Case
Background
The accused pleaded guilty to a firearms charge before a magistrate on 15 October 2003. After verdict but before sentencing, he applied through counsel to alter his plea to not guilty, claiming he had been misled by police and rushed through trial without legal representation. The magistrate dismissed the application.
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