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S v LIVER 1992 (2) ZLR 323 (H)
Criminal procedure — record — magistrate tampering with record — impermissible — can be criminal offence
A trial magistrate had imposed a fine in excess of the maximum permitted for a statutory offence. After the scrutinising magistrate had queried the matter, the trial magistrate destroyed the original charge sheet and endorsed on a new charge sheet a sentence fine below the maximum provided for.
Held, that when in a case the trial magistrate is functus officio, any errors needing to be corrected must be referred to the High Court.
Held, further, that tampering with a court record is a criminal offence and might result in the prosecution of the person doing this.
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