THE STATE v MICHAEL CHANGUNDA

HH 654-22

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Case Details

Court

Harare High Court

Date

27 September 2022

Citation

HH 654-22

Neutral Citation

[2022] ZWHH 654

Outcome

unknown

Case Type

Review

Bench

Presiding

FOROMA J

Full Bench

FOROMA JKWENDA J

Areas of Law

Criminal LawStatutory Interpretation

Keywords

MedicinesUnlicensed premisesUnregistered medicinesPlea of guiltyMiscarriage of justice

Key Issues

{"issue_text":"Whether the accused was improperly charged with multiple offences merged into single counts","issue_type":"procedural","dispositive":"yes","related_facts":"Charges combined s 55(3)(a) and (b) violations with unlicensed premises violations"}
{"issue_text":"Whether the convictions should be quashed due to improper splitting of charges","issue_type":"procedural","dispositive":"yes","related_facts":"Accused convicted of 4 counts when proper charges would be 6 separate counts"}
{"issue_text":"Whether the trial afforded real and substantial justice to the accused","issue_type":"procedural","dispositive":"yes","related_facts":"Convicted on unproved charges due to improper charge sheet"}

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Facts of the Case

Background

The accused was charged with four counts under the Medicines and Allied Substances Control Act for dispensing and selling medicines without a licence and selling unregistered medicines at two different locations. He pleaded guilty and was convicted. The High Court found that the charges were improperly split, merging separate offences, resulting in a miscarriage of justice.

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