Drawing adverse inferences from accused's silence (Zimbabwe) - Revision history

Ibjadmin: /* Zimbabwe Criminal Defense Manual */

2010-06-28T20:21:17Z

Zimbabwe Criminal Defense Manual

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 Note that in no case does the court have to draw an adverse inference. The accused's failure to mention particular facts may be quite explicable.
-== Zimbabwe Criminal Defense Manual ==
+----
-'''Table of Contents'''
+See [[Zimbabwe | Zimbabwe Criminal Defense Manual]]

Ddemetriou at 13:59, 28 May 2010

2010-05-28T13:59:23Z

← Older revision		Revision as of 15:59, 28 May 2010
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	== Adverse inferences ==		== Adverse inferences ==

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	Note that in no case does the court have to draw an adverse inference. The accused's failure to mention particular facts may be quite explicable.		Note that in no case does the court have to draw an adverse inference. The accused's failure to mention particular facts may be quite explicable.

			== 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: moved Drawing adverse inferences from accused's silence to Drawing adverse inferences from accused's silence (Zimbabwe)

2010-04-14T08:17:11Z

moved Drawing adverse inferences from accused's silence to Drawing adverse inferences from accused's silence (Zimbabwe)

← Older revision	Revision as of 10:17, 14 April 2010
(No difference)

Ddemetriou: Created page with ' == Adverse inferences == In terms of the Criminal Procedure and Evidence Act the court may draw certain adverse inferences from the accused's silence at different stages. On th�'

2010-04-13T12:47:10Z

Created page with ' == Adverse inferences == In terms of the Criminal Procedure and Evidence Act the court may draw certain adverse inferences from the accused's silence at different stages. On th�'

New page

== Adverse inferences ==

In terms of the Criminal Procedure and Evidence Act the court may draw certain adverse inferences from the accused's silence at different stages. On the basis of such inferences, the accused's silence may be treated as evidence corroborating any other evidence given against the accused.

== Confirmation proceedings ==

Adverse inferences can be draw at the trial if, at proceedings to confirm a statement allegedly made by the accused to the police, the accused remains silent and does not mention any fact which, in the circumstances, he could reasonably have been expected to have mentioned. If at his trial he challenges the statement on the basis that he did not in fact make it or he did not make it freely and voluntarily, the court may draw adverse inferences from his earlier failure to mention the facts: s 115 CPEA.

== Defence outline ==

Adverse inferences can be drawn if the accused pleads not guilty (or the magistrate enters a plea of not guilty because the accused refuses to plead) and, upon being called upon to give his defence outline, he fails to mention any fact relevant to his defence which, in the circumstances existing at the time, he could reasonably have been expected to have mentioned. Such adverse inferences can be drawn by the court from this earlier failure to mention these facts when it determines his guilt for the offence charged or any other crime which he may be convicted of on that charge: s 189(2) CPEA.

== Giving evidence ==

If the accused gives evidence in his defence and refuses to answer any questions put to him without any just cause for his refusal (such as on the grounds of privilege), adverse inferences may be drawn by the court from his failure to answer the questions: s 199 CPEA.

== Questions put by prosecutor or court ==

Even if the accused has declined to give evidence in his defence, he can be questioned by the prosecutor or the court. If, without just cause, he refuses to answer such questions adverse inferences may be drawn by the court from the failure to answer the questions: s 199 CPEA.

Note that in no case does the court have to draw an adverse inference. The accused's failure to mention particular facts may be quite explicable.

← Older revision		Revision as of 15:59, 28 May 2010
Line 1:		Line 1:

	== Adverse inferences ==		== Adverse inferences ==

Line 21:		Line 20:

	Note that in no case does the court have to draw an adverse inference. The accused's failure to mention particular facts may be quite explicable.		Note that in no case does the court have to draw an adverse inference. The accused's failure to mention particular facts may be quite explicable.

			== 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]]