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Harare High Court
Mtulisi Albert Mlambo v The State
HH 570-17
Case Details
Court
Harare High Court
Date
1 January 2017
Citation
HH 570-17
Neutral Citation
[2017] ZWHH 570
Outcome
unknown
Case Type
Appeal
Bench
Presiding
MUSAKWA J
Full Bench
MUSAKWA JCHATUKUTA J
Areas of Law
Criminal LawCriminal Procedure
Keywords
culpable homicidedriving incidentrecord of proceedingsplea changegross irregularity
Tags
culpable homicidedriving incidentrecord of proceedingsplea change
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the conviction and sentence should be quashed due to the poor state of the record of proceedings and failure to conduct a trial after plea change","issue_type":"procedural","dispositive":"yes","related_facts":"Plea change from guilty to not guilty, no trial conducted, deficiencies in record of proceedings"}
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background
Facts of the Case
Background
The appellant was convicted of culpable homicide arising from a driving incident on 30 October 2015 along Robert Mugabe Way, Harare. The appellant struck a pedestrian with his commuter omnibus, who later died at Parirenyatwa Hospital. The appellant initially pleaded guilty but the plea was changed to not guilty during proceedings, yet no trial was conducted.
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