S MACHOKOTO 1996 (2) ZLR 190 (H)

Flynote

Criminal law — statutory offences — stock theft — animus furandi accused's knowledge of whether owner of stray animal is ascertainable — res derelicta — belief that property is abandoned — not necessary that belief be reasonable, provided it is genuinely held — ownership of property alleged to have been stolen — progeny of stolen animal whether ownership of progeny may vest in accused — charge as to ownership owner of property — unknown not correct to allege that properly is that of the State

Criminal law — claim of right — genuine belief in fact which would constitute a defence suffices

Criminal procedure — plea — guilty plea — explanation of charge and elements to accused-magistrate's duty-necessity to explain possible defences to unrepresented accused — limited for review — whether appropriate where plea of guilty incorrectly entered

Criminal procedure (sentence) — statutory offences — stock theft — stray cow and then its progeny kept by accused's father, then by the accused, for period of several years