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Harare High Court
THE STATE v LOVEMORE KUROTWI and DOMINIC MUBAIWA
HH 36-2012
Case Details
Court
Harare High Court
Date
16 February 2012
Citation
HH 36-2012
Neutral Citation
[2012] ZWHH 36
Outcome
unknown
Case Type
Application
Bench
Presiding
BHUNU J
Full Bench
BHUNU J
Areas of Law
Criminal Procedure and Evidence ActCriminal Law (Codification and Reform) Act
Keywords
Amendment of chargeSection 202PrejudicePostponement
Tags
Amendment of chargeCriminal procedureFraud
legislation
Statutes Cited
- Criminal Procedure and Evidence Act
- Criminal Law (Codification and Reform) Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the State should be allowed to amend the charge before plea under s 202 of the Criminal Procedure and Evidence Act","issue_type":"procedural","dispositive":"yes","related_facts":"State seeks to change from alleging common purpose to alleging accused acted alone"}
- {"issue_text":"Whether the amendment would prejudice the accused","issue_type":"procedural","dispositive":"yes","related_facts":"Accused need time to amend defenses"}
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background
Facts of the Case
Background
The accused were indicted for fraud and the State applied to amend the charge before plea to reflect that the accused acted on their own rather than in common purpose with co-accused who became State witnesses. The amendment sought to synchronize facts and remove contradictions.
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