S v Trzcinski & Ors (HCAR 2565 of 2012) [2013] ZWBHC 36 (20 February 2013)


Judgment No. HB 36/13

Case No. HCAR 2565/12

CRB No. 425-27/12


THE STATE


AND


MACIEJ TRZCINSKI


AND


ARTUR KRYSZTOF DABROWSKI


AND


FRANCESO PERINI


IN THE HIGH COURT OF ZIMBABWE

CHEDA J

BULAWAYO 21 FEBRUARY 2013


Review Judgment


CHEDA J: This is a review matter forwarded to me for confirmation, having been handled by my brother NDOU J who has since left the Judiciary. Before he left he had raised a query regarding the wrong citation of the charge sheet.

The learned trial magistrate has acknowledged his oversight of the same.

I have perused the record and I am also of the opinion that the citation of the charge is wrong.

The record of proceedings is confirmed as being in accordance with real and substantial justice, but, the charge sheet is corrected to read contravening section 37 1(b) of the Parks and Wildlife Regulations Statutory Instrument 362/1990 as read with section 129 (1) of the Parks and Wildlife Act [Chapter 20:12], “using a vessel during the night.”



Cheda J.........................................................................................


Kamocha J agrees.........................................................................

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