THE STATE v ROBSON DZIWAPASI

HB 238/22

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Case Details

Court

Bulawayo High Court

Date

15 September 2022

Citation

HB 238/22

Neutral Citation

[2022] ZWHB 238

Outcome

unknown

Case Type

Review

Bench

Presiding

Makonese J

Full Bench

Makonese JMoyo J

Areas of Law

Criminal LawCriminal Procedure

Keywords

Unlawful entryPremisesCriminal trespassPlea of guiltyQuashing of proceedings

Key Issues

{"issue_text":"Whether the facts as admitted by the accused constitute the offence of unlawful entry into premises under section 131 of the Criminal Law Codification and Reform Act (Chapter 9:23).","issue_type":"law","dispositive":"yes","related_facts":"The accused entered the yard by jumping a fence and was found working on a vehicle wheel. He did not enter any building or structure."}
{"issue_text":"What offence, if any, is disclosed by the facts of this case.","issue_type":"law","dispositive":"yes","related_facts":"The accused's actions were limited to entering the yard and tampering with a vehicle."}

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background

Facts of the Case

Background

The accused was found unscrewing nuts on a wheel of a motor vehicle in the complainant's yard. He was chased, caught, and arrested. He pleaded guilty to unlawful entry into premises, but the High Court found that his actions constituted criminal trespass under section 132, not unlawful entry under section 131, as he only entered the yard and not a building or structure.

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