S v NICOLLE 1991 (1) ZLR 211 (S)

Flynote

Criminal law — private defence — search of suspected poacher — use of force to overcome resistance justifiable both in defence of self and in defence of property.

Criminal procedure — search — landowner's powers of search and seizure over poacher — entitled to use reasonable force to overcome resistance — State outline — discrepancies between outline and evidence of State witness — adverse inference against witness in absence of explanation.

Evidence — accused — evidence not to be rejected merely for reason of it being exculpatory — complainant — tendency to exaggerate wrong not to be overlooked.

Interpretation of statutes — implied powers — where implication necessary. Legislation — Parks and Wild Life Act 1975, s 86(1) — Criminal Procedure and Evidence Act [Chapter 59], s 136(4a).