Bulawayo High Court - 2016 July

1 judgment
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1 judgment
Citation
Judgment date
July 2016
Conviction set aside where State failed to rebut accused’s plausible ownership explanation and relied on uncalled witness' statements.
Criminal law — Possession of property reasonably suspected of being stolen (s125) — burden of proof — onus cannot be shifted to accused — inadmissibility/insufficiency of hearsay from uncalled material witness — conviction unsustainable where State fails to rebut a reasonably possible defence.
7 July 2016