Attorney-General v Globecast Africa (CA 813 of 2008) [2008] ZWHHC 114 (3 November 2008)

Attorney-General v Globecast Africa (CA 813 of 2008) [2008] ZWHHC 114 (3 November 2008)

The trial court failed to provide reasons for holding that the offence was not one of strict liability and did not apply the relevant legal tests. This omission amounts to a misdirection, and there are reasonable prospects of success on appeal regarding the legal issues raised.

Citation
[2008] ZWHHC 114
Parties
Applicant: The Attorney-General; Respondent: Globecast Africa
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
3 November 2008
Case Number
CA 813 of 2008
Procedural Posture
Application for Leave to Appeal / Ruling on Application for Leave to Appeal Against Acquittal at Close of State Case
Outcome
Application for leave to appeal granted
Legal Topics
Strict Liability Offences, Mens Rea, Broadcasting Without Licence, Claim of Right Defence, Application for Leave to Appeal
Source Language
English
Criminal Law Broadcasting Law Strict Liability Offences Mens Rea Broadcasting Without Licence Claim of Right Defence Application for Leave to Appeal

Case Brief

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Parties

The Attorney-General

Applicant

Globecast Africa

Respondent

Procedural Posture

Application for Leave to Appeal / Ruling on Application for Leave to Appeal Against Acquittal at Close of State Case

Legal Issues

  1. 1 Whether the offence under s 7(1) of the Broadcasting Services Act is one of strict liability
  2. 2 Whether the trial court erred in acquitting the respondent for lack of mens rea
  3. 3 Whether the respondent could rely on a claim of right defence without being put on its defence

Ratio Decidendi

The trial court failed to provide reasons for holding that the offence was not one of strict liability and did not apply the relevant legal tests. This omission amounts to a misdirection, and there are reasonable prospects of success on appeal regarding the legal issues raised.

Court Disposition

Application for leave to appeal granted

Orders

  • Application for leave to appeal is granted in terms of the draft order as amended.