State v Hodhera (331 of 2024) [2024] ZWHHC 331 (19 July 2024)
Section 47(1) defines one offence of murder with two forms of intention; it is not necessary to specify which form is alleged in the indictment. Alleging both does not render the indictment defective or prejudicial. The application to quash is without merit.
- Citation
- [2024] ZWHHC 331
- Parties
- Prosecutor: The State; Accused: Simeon Hodhera
- Court
- Harare High Court
- Jurisdiction
- Zimbabwe
- Judgment Date
- 19 July 2024
- Case Number
- 331 of 2024
- Procedural Posture
- Criminal / Pre Trial Application to Quash Indictment
- Outcome
- application dismissed
- Legal Topics
- Murder, Indictment, Mens Rea, Application to Quash, Criminal Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The State
Prosecutor
Simeon Hodhera
Accused
Procedural Posture
Criminal / Pre Trial Application to Quash Indictment
Legal Issues
- 1 Whether an indictment for murder that alleges both actual and constructive intent under s 47(1)(a) and (b) of the Criminal Law Code is fatally defective and prejudicial to the accused
- 2 Whether such an indictment can be amended or must be quashed
Ratio Decidendi
Section 47(1) defines one offence of murder with two forms of intention; it is not necessary to specify which form is alleged in the indictment. Alleging both does not render the indictment defective or prejudicial. The application to quash is without merit.
Court Disposition
application dismissed
Orders
- The application to quash the indictment is dismissed.
Full Case Text
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