Defences (Zimbabwe) - Revision history

Ibjadmin: /* Zimbabwe Criminal Defense Manual */

2010-06-28T20:42:28Z

Zimbabwe Criminal Defense Manual

@@ Line 13: / Line 13: @@
 See Mapfumo 1983 (1) ZLR 250 ( )
-== Zimbabwe Criminal Defense Manual ==
+----
-'''Table of Contents'''
+See [[Zimbabwe | Zimbabwe Criminal Defense Manual]]

Ddemetriou at 13:52, 28 May 2010

2010-05-28T13:52:17Z

← Older revision		Revision as of 15:52, 28 May 2010
Line 12:		Line 12:

	See Mapfumo 1983 (1) ZLR 250 ( )		See Mapfumo 1983 (1) ZLR 250 ( )

			== Zimbabwe Criminal Defense Manual ==
			'''Table of Contents'''
			* [[Introduction (Zimbabwe)\| Introduction]]
			* [[Defense Lawyer's Role and Responsibilities (Zimbabwe)\|Defense Lawyer's Role and Responsibilities]]
			* [[Pre-Trial Matters (Zimbabwe)\|Pre-Trial Matters]]
			* [[Jurisdiction of Courts (Zimbabwe)\|Jurisdiction of Courts]]
			* [[Preparing for Trial (Zimbabwe)\| Preparing for Trial]]
			* [[Trial (Zimbabwe)\|Trials]]
			* [[Rules of Evidence (Zimbabwe)\| Rules of Evidence]]
			* [[Criminal Law Code (Zimbabwe)\| Criminal Law Code]]
			* [[Verdict (Zimbabwe)\|Verdict]]
			* [[Sentence (Zimbabwe)\|Sentence]]
			* [[Record of Proceedings (Zimbabwe)\|Record of Proceedings]]
			* [[Appeals (Zimbabwe)\|Appeals]]
			* [[Automatic Review and Scrutiny (Zimbabwe)\| Automatic Review and Scrutiny]]
			* [[Miscellaneous Matters (Zimbabwe)\|Miscellaneous Matters]]

Ddemetriou: Created page with '== Types of defences == Where the acts alleged by the State are not denied, it is still possible for X to plead not guilty. The defences raised in these circumstances usually fa�'

2010-04-15T08:34:04Z

Created page with '== Types of defences == Where the acts alleged by the State are not denied, it is still possible for X to plead not guilty. The defences raised in these circumstances usually fa�'

New page

== Types of defences ==

Where the acts alleged by the State are not denied, it is still possible for X to plead not guilty. The defences raised in these circumstances usually fall into two main categories, namely - (1) defences which affect the mental element of the crime and (2) defences which affect the lawfulness aspect.

Falling into the first category are defences such as mistake of fact and intoxication. With such defences the contention will be that X lacked the mens rea for the crime because he was mistaken about the facts at the time of the crime or was so drunk that he did not realise what he was doing. Into the second category fall defences such as lawful authority to do the act and lawful justification or excuse in the form of such defences as self-defence or compulsion. For full details of these defences see section 3 of A Guide to the Zimbabwean Criminal Law 2nd Ed. by G Feltoe.

== Onus of proof ==

The defence does not usually have to prove that a particular defence applies. Once sufficient evidence has been introduced (whether by the defence or from prosecution witnesses) to put a defence in issue, the rule is that the State must disprove the defence. The only exceptions to this rule are:
* the defence of insanity, where the onus is on the defence to prove on a balance of probabilities that X was insane at the time of the crime;
* where a statutory provision provides for a defence to the statutory offence but the provision places the onus is on X to establish the existence of this defence.

See Mapfumo 1983 (1) ZLR 250 ( )

← Older revision		Revision as of 15:52, 28 May 2010
Line 12:		Line 12:

	See Mapfumo 1983 (1) ZLR 250 ( )		See Mapfumo 1983 (1) ZLR 250 ( )

			== Zimbabwe Criminal Defense Manual ==
			'''Table of Contents'''
			* [[Introduction (Zimbabwe)\| Introduction]]
			* [[Defense Lawyer's Role and Responsibilities (Zimbabwe)\|Defense Lawyer's Role and Responsibilities]]
			* [[Pre-Trial Matters (Zimbabwe)\|Pre-Trial Matters]]
			* [[Jurisdiction of Courts (Zimbabwe)\|Jurisdiction of Courts]]
			* [[Preparing for Trial (Zimbabwe)\| Preparing for Trial]]
			* [[Trial (Zimbabwe)\|Trials]]
			* [[Rules of Evidence (Zimbabwe)\| Rules of Evidence]]
			* [[Criminal Law Code (Zimbabwe)\| Criminal Law Code]]
			* [[Verdict (Zimbabwe)\|Verdict]]
			* [[Sentence (Zimbabwe)\|Sentence]]
			* [[Record of Proceedings (Zimbabwe)\|Record of Proceedings]]
			* [[Appeals (Zimbabwe)\|Appeals]]
			* [[Automatic Review and Scrutiny (Zimbabwe)\| Automatic Review and Scrutiny]]
			* [[Miscellaneous Matters (Zimbabwe)\|Miscellaneous Matters]]