S v Masuku (HC 930 of 2002) [2004] ZWBHC 2 (18 February 2004)

S v Masuku (HC 930 of 2002) [2004] ZWBHC 2 (18 February 2004)

The accused cannot be discharged on the main charges where there is prima facie evidence; he must be put on his defence on all charges, not just lesser charges, as the law does not permit partial discharge at this stage.

Citation
[2004] ZWBHC 2
Parties
Applicant: The State; Respondent: John Raphael Masuku
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
18 February 2004
Case Number
HC 930 of 2002
Procedural Posture
Criminal / Ruling on Application for Discharge at Close of State Case
Outcome
Application for discharge dismissed; accused put on his defence on all charges.
Legal Topics
Application for Discharge, Competent Verdicts, Theft, Robbery
Source Language
English
Criminal Law Application for Discharge Competent Verdicts Theft Robbery

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Parties

The State

Applicant

John Raphael Masuku

Respondent

Procedural Posture

Criminal / Ruling on Application for Discharge at Close of State Case

Legal Issues

  1. 1 Whether the accused should be discharged at the close of the state case under section 198(3) of the Criminal Procedure and Evidence Act
  2. 2 Whether the accused can be put on his defence only on lesser charges if evidence for main charge is insufficient

Ratio Decidendi

The accused cannot be discharged on the main charges where there is prima facie evidence; he must be put on his defence on all charges, not just lesser charges, as the law does not permit partial discharge at this stage.

Court Disposition

Application for discharge dismissed; accused put on his defence on all charges.