The State v Sikhala ruling by Magistrate Gofa 16 March 2023

INTRODUCTION

Accused person appeared before the court facing a charge of contravening section 184 (1)(a) of the Criminal Law (Codification and Reform) Act, Chapter 9:23, that is, defcating or obstructing the course of justice wherein the allegations are contained in the charge sheet and state outline. He pleaded not guilty to the charge and trial commenced. State then led evidence from 3

witnesses and closed its case. Accused then applied for discharge at the close of the state case and court believes it is made in terms of section 198(3) of the Criminal Procedure and Evidence Act, Chapter 9:07 for no reference was made to the section being relied on by defence on the face of the application. However, such section has been referred to in the middle of the application, particularly part C of the application.

 

 

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