S v Dzingayi (CRB 1952 of 2014) [2015] ZWHHC 174 (18 February 2015)

S v Dzingayi (CRB 1952 of 2014) [2015] ZWHHC 174 (18 February 2015)

The facts disclosed theft, not possession of property reasonably suspected of being stolen. Theft is not a competent verdict to a charge of possession of property believed to have been stolen. The conviction cannot stand.

Source-derived case information.

Citation
[2015] ZWHHC 174
Parties
Prosecutor: The State; Accused: Maxwell Dzingayi
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
18 February 2015
Case Number
CRB 1952 of 2014
Procedural Posture
Criminal Review / Review Judgment
Outcome
Certificate of review withheld
Legal Topics
Theft, Possession of Suspected Stolen Property, Competent Verdicts
Source Language
english
Criminal Law Theft Possession of Suspected Stolen Property Competent Verdicts

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Parties

The State

Prosecutor

Maxwell Dzingayi

Accused

Procedural Posture

Criminal Review / Review Judgment

Legal Issues

  1. 1 Whether the facts disclosed the offence of possession of property reasonably suspected of being stolen or theft
  2. 2 Whether theft is a competent verdict to a charge of possession of property believed to be stolen

Ratio Decidendi

The facts disclosed theft, not possession of property reasonably suspected of being stolen. Theft is not a competent verdict to a charge of possession of property believed to have been stolen. The conviction cannot stand.

Court Disposition

Certificate of review withheld