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Bulawayo High Court
The State v Elijah Ndebele and Nkosinathi Masuku
HB 48-19
Case Details
Court
Bulawayo High Court
Date
4 April 2019
Citation
HB 48-19
Neutral Citation
[2019] ZWHB 48
Outcome
unknown
Case Type
Review
Bench
Presiding
Takuva J
Full Bench
Takuva JMoyo J
Areas of Law
Criminal LawCriminal Procedure
Keywords
stock thefttrial in absentiasection 194 Criminal Procedure and Evidence Actwarrant of arrest
Tags
stock thefttrial in absentiacriminal procedure
legislation
Statutes Cited
- Criminal Procedure and Evidence Act
- Criminal Procedure and Evidence Act
- Constitution of Zimbabwe Amendment (No 20)
- Criminal Law (Codification and Reform) Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a criminal court can convict and sentence an accused person in absentia","issue_type":"procedural","dispositive":"yes","related_facts":"First accused absconded during trial, court proceeded to judgment without him"}
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background
Facts of the Case
Background
Two accused persons were charged with stock theft after stealing a heifer. The first accused absconded during trial and was convicted in absentia, which the reviewing court found to be contrary to law.
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