S & Anor v Shava (HB 16 of 2016; HCAR 1882 of 2015) [2016] ZWBHC 16 (11 February 2016)

There is no evidence of irregularity in the record of proceedings; the applicant’s guilty plea was properly recorded and the application for review has no legal or factual basis.

Citation: [2016] ZWBHC 16
Parties: Applicant: Arnold Shava; Respondent: The State; Interested Party: Story Rushambwa (N.O)
Court: Bulawayo High Court
Jurisdiction: Zimbabwe
Judgment Date: 11 February 2016
Case Number: HB 16 of 2016 ; HCAR 1882 of 2015
Procedural Posture: Criminal Review / Judgment on Application for Review
Outcome: application dismissed
Legal Topics: Unlawful Entry, Theft, Review of Criminal Proceedings, Plea Procedure
Source Language: English

Criminal Law Criminal Procedure Unlawful Entry Theft Review of Criminal Proceedings Plea Procedure

Case Brief

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Parties

Arnold Shava

Applicant

The State

Respondent

Story Rushambwa (N.O)

Interested Party

Procedural Posture

Criminal Review / Judgment on Application for Review

Legal Issues

1 Whether the trial magistrate failed to properly record the applicant’s plea and responses
2 Whether there was any irregularity in the proceedings warranting review

Ratio Decidendi

There is no evidence of irregularity in the record of proceedings; the applicant’s guilty plea was properly recorded and the application for review has no legal or factual basis.

Court Disposition

application dismissed

Orders

application for review is dismissed