THE STATE v LOVEMORE KUROTWI and DOMINIC MUBAIWA

HH 49-11

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Case Details

Court

Harare High Court

Date

15 February 2011

Citation

HH 49-11

Neutral Citation

[2011] ZWHH 49

Outcome

unknown

Case Type

Trial

Bench

Presiding

BHUNU J

Full Bench

BHUNU J

Areas of Law

Criminal ProcedureCriminal Law

Keywords

Amendment of chargeIndictmentCommittal for trialPrejudiceAudi alteram partem

Key Issues

{"issue_text":"Whether the State can unilaterally amend or substitute a charge after committal for trial in the High Court but before plea","issue_type":"procedural","dispositive":"yes","related_facts":"Fresh charge served without court leave after co-accused charges withdrawn"}
{"issue_text":"Whether the amendment caused prejudice to the accused","issue_type":"fact","dispositive":"yes","related_facts":"Accused prepared defence based on original charge; amendment incorporated new facts"}
{"issue_text":"Whether s 320 of the Criminal Procedure and Evidence Act permits the State to prefer fresh charges without withdrawing original charges","issue_type":"law","dispositive":"yes","related_facts":"State relied on s 320; original charge not withdrawn"}

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Facts of the Case

Background

The two accused were jointly indicted for trial on fraud charges on 10 January 2011. After charges against three co-accused were withdrawn to turn them into State witnesses, the prosecutor served a fresh charge and summary on the accused without court leave. The accused objected to pleading to the amended charge, arguing it was irregular and prejudicial as it incorporated new facts and omitted co-accused from the original indictment.

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