Conviction of other charge without amendment of charge (Zimbabwe)

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A court cannot convict a person of a charge other than that with which she was charged without the charge first being amended. In Moyo 1994 (2) ZLR 24 (H) X had been charged with contravening s 2 of the Concealment of Birth Act. She was, however, convicted of infanticide without the charge being amended. The court ruled that the magistrate had misdirected himself. There was no evidence that the accused had killed the child. The accused should have been convicted of the crime with which she had been charged.


See Zimbabwe Criminal Defense Manual