Plea and Admissions (Zimbabwe) - Revision history

Ibjadmin: /* Zimbabwe Criminal Defense Manual */

2010-06-28T20:24:12Z

Zimbabwe Criminal Defense Manual

@@ Line 13: / Line 13: @@
 * Before any admissions are made by the defence in a criminal case, they should be fully discussed with and explained to the client. The lawyer should find out the exact extent of any admission his client wishes to make and he should explain to his client the implications of making such admissions. All admissions should be carefully and precisely drafted. The client should be asked to confirm, preferably in writing, exactly what it is that he is being asked to admit to.
-== Zimbabwe Criminal Defense Manual ==
+----
-'''Table of Contents'''
+See [[Zimbabwe | Zimbabwe Criminal Defense Manual]]

Ddemetriou at 13:38, 28 May 2010

2010-05-28T13:38:26Z

← Older revision		Revision as of 15:38, 28 May 2010
Line 12:		Line 12:

	* Before any admissions are made by the defence in a criminal case, they should be fully discussed with and explained to the client. The lawyer should find out the exact extent of any admission his client wishes to make and he should explain to his client the implications of making such admissions. All admissions should be carefully and precisely drafted. The client should be asked to confirm, preferably in writing, exactly what it is that he is being asked to admit to.		* Before any admissions are made by the defence in a criminal case, they should be fully discussed with and explained to the client. The lawyer should find out the exact extent of any admission his client wishes to make and he should explain to his client the implications of making such admissions. All admissions should be carefully and precisely drafted. The client should be asked to confirm, preferably in writing, exactly what it is that he is being asked to admit to.

			== 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 Plea and Admissions to Plea and Admissions (Zimbabwe)

2010-04-14T08:04:36Z

moved Plea and Admissions to Plea and Admissions (Zimbabwe)

← Older revision	Revision as of 10:04, 14 April 2010
(No difference)

Ddemetriou at 10:33, 13 April 2010

2010-04-13T10:33:59Z

← Older revision		Revision as of 12:33, 13 April 2010
Line 1:		Line 1:
	The final stage of pre-trial consultation, apart from discussing the witnesses you should call, is to discuss with your client how he is going to plead to the charge.		* The final stage of pre-trial consultation, apart from discussing the witnesses you should call, is to discuss with your client how he is going to plead to the charge.

	Regarding the plea and admissions in murder cases MC NALLY JA has this to say:		* Regarding the plea and admissions in murder cases MC NALLY JA has this to say:

	We have had some appalling mix-ups recently: Masibhere & Anor S-103-87 and Nyandoro 1987 (2) ZLR 66 (S).		We have had some appalling mix-ups recently: Masibhere & Anor S-103-87 and Nyandoro 1987 (2) ZLR 66 (S).
Line 11:		Line 11:
	And counsel should consider carefully before they make far-reaching admissions of fact over such matters as their client's state of mind. For instance, if you want a witness called, so you can cross-examine him, the simplest way to do it is to decline to admit his evidence. The State has to call him. This is often useful with medical witnesses. Frankly I sometimes wonder on whose side defence counsel is.		And counsel should consider carefully before they make far-reaching admissions of fact over such matters as their client's state of mind. For instance, if you want a witness called, so you can cross-examine him, the simplest way to do it is to decline to admit his evidence. The State has to call him. This is often useful with medical witnesses. Frankly I sometimes wonder on whose side defence counsel is.

	Before any admissions are made by the defence in a criminal case, they should be fully discussed with and explained to the client. The lawyer should find out the exact extent of any admission his client wishes to make and he should explain to his client the implications of making such admissions. All admissions should be carefully and precisely drafted. The client should be asked to confirm, preferably in writing, exactly what it is that he is being asked to admit to.		* Before any admissions are made by the defence in a criminal case, they should be fully discussed with and explained to the client. The lawyer should find out the exact extent of any admission his client wishes to make and he should explain to his client the implications of making such admissions. All admissions should be carefully and precisely drafted. The client should be asked to confirm, preferably in writing, exactly what it is that he is being asked to admit to.

Ddemetriou at 10:33, 13 April 2010

2010-04-13T10:33:39Z

← Older revision		Revision as of 12:33, 13 April 2010
Line 3:		Line 3:
	Regarding the plea and admissions in murder cases MC NALLY JA has this to say:		Regarding the plea and admissions in murder cases MC NALLY JA has this to say:

	''We have had some appalling mix-ups recently: Masibhere & Anor S-103-87 and Nyandoro 1987 (2) ZLR 66 (S).		We have had some appalling mix-ups recently: Masibhere & Anor S-103-87 and Nyandoro 1987 (2) ZLR 66 (S).

	''I find it difficult to understand why defence counsel get involved in such mix-ups. If you have reached agreement with the prosecutor on a plea to a lesser charge, such as culpable homicide or assault, you will advise your client to plead guilty to that lesser offence, and the prosecutor will then indicate that he accepts the plea. In all other murder cases X should be advised to plead "not guilty". ''But be careful of problems of interpretation. The client should not be misled into thinking you are advising him to say: "I did not do it".~~''''~~		I find it difficult to understand why defence counsel get involved in such mix-ups. If you have reached agreement with the prosecutor on a plea to a lesser charge, such as culpable homicide or assault, you will advise your client to plead guilty to that lesser offence, and the prosecutor will then indicate that he accepts the plea. In all other murder cases X should be advised to plead "not guilty". But be careful of problems of interpretation. The client should not be misled into thinking you are advising him to say: "I did not do it".
	''		''
	The place for admissions of fact, if these are to be made, is in the defence outline, not in the plea: M'Kosi 1935 SR 96, Nangani 1982 (1) ZLR 150 (S) at 154B and Jokasi 1986 (2) ZLR 79 (S).''		The place for admissions of fact, if these are to be made, is in the defence outline, not in the plea: M'Kosi 1935 SR 96, Nangani 1982 (1) ZLR 150 (S) at 154B and Jokasi 1986 (2) ZLR 79 (S).

	And counsel should consider carefully before they make far-reaching admissions of fact over such matters as their client's state of mind. For instance, if you want a witness called, so you can cross-examine him, the simplest way to do it is to decline to admit his evidence. The State has to call him. This is often useful with medical witnesses. Frankly I sometimes wonder on whose side defence counsel is.''		And counsel should consider carefully before they make far-reaching admissions of fact over such matters as their client's state of mind. For instance, if you want a witness called, so you can cross-examine him, the simplest way to do it is to decline to admit his evidence. The State has to call him. This is often useful with medical witnesses. Frankly I sometimes wonder on whose side defence counsel is.

	Before any admissions are made by the defence in a criminal case, they should be fully discussed with and explained to the client. The lawyer should find out the exact extent of any admission his client wishes to make and he should explain to his client the implications of making such admissions. All admissions should be carefully and precisely drafted. The client should be asked to confirm, preferably in writing, exactly what it is that he is being asked to admit to.		Before any admissions are made by the defence in a criminal case, they should be fully discussed with and explained to the client. The lawyer should find out the exact extent of any admission his client wishes to make and he should explain to his client the implications of making such admissions. All admissions should be carefully and precisely drafted. The client should be asked to confirm, preferably in writing, exactly what it is that he is being asked to admit to.

Ddemetriou at 10:32, 13 April 2010

2010-04-13T10:32:55Z

← Older revision		Revision as of 12:32, 13 April 2010
Line 5:		Line 5:
	''We have had some appalling mix-ups recently: Masibhere & Anor S-103-87 and Nyandoro 1987 (2) ZLR 66 (S).		''We have had some appalling mix-ups recently: Masibhere & Anor S-103-87 and Nyandoro 1987 (2) ZLR 66 (S).

	''I find it difficult to understand why defence counsel get involved in such mix-ups. If you have reached agreement with the prosecutor on a plea to a lesser charge, such as culpable homicide or assault, you will advise your client to plead guilty to that lesser offence, and the prosecutor will then indicate that he accepts the plea. In all other murder cases X should be advised to plead "not guilty". But be careful of problems of interpretation. The client should not be misled into thinking you are advising him to say: "I did not do it".''		''I find it difficult to understand why defence counsel get involved in such mix-ups. If you have reached agreement with the prosecutor on a plea to a lesser charge, such as culpable homicide or assault, you will advise your client to plead guilty to that lesser offence, and the prosecutor will then indicate that he accepts the plea. In all other murder cases X should be advised to plead "not guilty". ''But be careful of problems of interpretation. The client should not be misled into thinking you are advising him to say: "I did not do it".''''
	''		''
	The place for admissions of fact, if these are to be made, is in the defence outline, not in the plea: M'Kosi 1935 SR 96, Nangani 1982 (1) ZLR 150 (S) at 154B and Jokasi 1986 (2) ZLR 79 (S).''		The place for admissions of fact, if these are to be made, is in the defence outline, not in the plea: M'Kosi 1935 SR 96, Nangani 1982 (1) ZLR 150 (S) at 154B and Jokasi 1986 (2) ZLR 79 (S).''

Ddemetriou at 10:31, 13 April 2010

2010-04-13T10:31:57Z

← Older revision		Revision as of 12:31, 13 April 2010
Line 5:		Line 5:
	''We have had some appalling mix-ups recently: Masibhere & Anor S-103-87 and Nyandoro 1987 (2) ZLR 66 (S).		''We have had some appalling mix-ups recently: Masibhere & Anor S-103-87 and Nyandoro 1987 (2) ZLR 66 (S).

	I find it difficult to understand why defence counsel get involved in such mix-ups. If you have reached agreement with the prosecutor on a plea to a lesser charge, such as culpable homicide or assault, you will advise your client to plead guilty to that lesser offence, and the prosecutor will then indicate that he accepts the plea. In all other murder cases X should be advised to plead "not guilty". But be careful of problems of interpretation. The client should not be misled into thinking you are advising him to say: "I did not do it".		''I find it difficult to understand why defence counsel get involved in such mix-ups. If you have reached agreement with the prosecutor on a plea to a lesser charge, such as culpable homicide or assault, you will advise your client to plead guilty to that lesser offence, and the prosecutor will then indicate that he accepts the plea. In all other murder cases X should be advised to plead "not guilty". But be careful of problems of interpretation. The client should not be misled into thinking you are advising him to say: "I did not do it".''
			''
	The place for admissions of fact, if these are to be made, is in the defence outline, not in the plea: M'Kosi 1935 SR 96, Nangani 1982 (1) ZLR 150 (S) at 154B and Jokasi 1986 (2) ZLR 79 (S).		The place for admissions of fact, if these are to be made, is in the defence outline, not in the plea: M'Kosi 1935 SR 96, Nangani 1982 (1) ZLR 150 (S) at 154B and Jokasi 1986 (2) ZLR 79 (S).''

	And counsel should consider carefully before they make far-reaching admissions of fact over such matters as their client's state of mind. For instance, if you want a witness called, so you can cross-examine him, the simplest way to do it is to decline to admit his evidence. The State has to call him. This is often useful with medical witnesses. Frankly I sometimes wonder on whose side defence counsel is.''		And counsel should consider carefully before they make far-reaching admissions of fact over such matters as their client's state of mind. For instance, if you want a witness called, so you can cross-examine him, the simplest way to do it is to decline to admit his evidence. The State has to call him. This is often useful with medical witnesses. Frankly I sometimes wonder on whose side defence counsel is.''

	Before any admissions are made by the defence in a criminal case, they should be fully discussed with and explained to the client. The lawyer should find out the exact extent of any admission his client wishes to make and he should explain to his client the implications of making such admissions. All admissions should be carefully and precisely drafted. The client should be asked to confirm, preferably in writing, exactly what it is that he is being asked to admit to.		Before any admissions are made by the defence in a criminal case, they should be fully discussed with and explained to the client. The lawyer should find out the exact extent of any admission his client wishes to make and he should explain to his client the implications of making such admissions. All admissions should be carefully and precisely drafted. The client should be asked to confirm, preferably in writing, exactly what it is that he is being asked to admit to.

Ddemetriou at 10:30, 13 April 2010

2010-04-13T10:30:49Z

← Older revision		Revision as of 12:30, 13 April 2010
Line 3:		Line 3:
	Regarding the plea and admissions in murder cases MC NALLY JA has this to say:		Regarding the plea and admissions in murder cases MC NALLY JA has this to say:

	We have had some appalling mix-ups recently: Masibhere & Anor S-103-87 and Nyandoro 1987 (2) ZLR 66 (S).		''We have had some appalling mix-ups recently: Masibhere & Anor S-103-87 and Nyandoro 1987 (2) ZLR 66 (S).

	I find it difficult to understand why defence counsel get involved in such mix-ups. If you have reached agreement with the prosecutor on a plea to a lesser charge, such as culpable homicide or assault, you will advise your client to plead guilty to that lesser offence, and the prosecutor will then indicate that he accepts the plea. In all other murder cases X should be advised to plead "not guilty". But be careful of problems of interpretation. The client should not be misled into thinking you are advising him to say: "I did not do it".		I find it difficult to understand why defence counsel get involved in such mix-ups. If you have reached agreement with the prosecutor on a plea to a lesser charge, such as culpable homicide or assault, you will advise your client to plead guilty to that lesser offence, and the prosecutor will then indicate that he accepts the plea. In all other murder cases X should be advised to plead "not guilty". But be careful of problems of interpretation. The client should not be misled into thinking you are advising him to say: "I did not do it".
Line 9:		Line 9:
	The place for admissions of fact, if these are to be made, is in the defence outline, not in the plea: M'Kosi 1935 SR 96, Nangani 1982 (1) ZLR 150 (S) at 154B and Jokasi 1986 (2) ZLR 79 (S).		The place for admissions of fact, if these are to be made, is in the defence outline, not in the plea: M'Kosi 1935 SR 96, Nangani 1982 (1) ZLR 150 (S) at 154B and Jokasi 1986 (2) ZLR 79 (S).

	And counsel should consider carefully before they make far-reaching admissions of fact over such matters as their client's state of mind. For instance, if you want a witness called, so you can cross-examine him, the simplest way to do it is to decline to admit his evidence. The State has to call him. This is often useful with medical witnesses. Frankly I sometimes wonder on whose side defence counsel is.		And counsel should consider carefully before they make far-reaching admissions of fact over such matters as their client's state of mind. For instance, if you want a witness called, so you can cross-examine him, the simplest way to do it is to decline to admit his evidence. The State has to call him. This is often useful with medical witnesses. Frankly I sometimes wonder on whose side defence counsel is.''

	Before any admissions are made by the defence in a criminal case, they should be fully discussed with and explained to the client. The lawyer should find out the exact extent of any admission his client wishes to make and he should explain to his client the implications of making such admissions. All admissions should be carefully and precisely drafted. The client should be asked to confirm, preferably in writing, exactly what it is that he is being asked to admit to.		Before any admissions are made by the defence in a criminal case, they should be fully discussed with and explained to the client. The lawyer should find out the exact extent of any admission his client wishes to make and he should explain to his client the implications of making such admissions. All admissions should be carefully and precisely drafted. The client should be asked to confirm, preferably in writing, exactly what it is that he is being asked to admit to.

Ddemetriou: Created page with 'The final stage of pre-trial consultation, apart from discussing the witnesses you should call, is to discuss with your client how he is going to plead to the charge. Regarding�'

2010-04-13T10:30:07Z

Created page with 'The final stage of pre-trial consultation, apart from discussing the witnesses you should call, is to discuss with your client how he is going to plead to the charge. Regarding�'

New page

The final stage of pre-trial consultation, apart from discussing the witnesses you should call, is to discuss with your client how he is going to plead to the charge.

Regarding the plea and admissions in murder cases MC NALLY JA has this to say:

We have had some appalling mix-ups recently: Masibhere & Anor S-103-87 and Nyandoro 1987 (2) ZLR 66 (S).

I find it difficult to understand why defence counsel get involved in such mix-ups. If you have reached agreement with the prosecutor on a plea to a lesser charge, such as culpable homicide or assault, you will advise your client to plead guilty to that lesser offence, and the prosecutor will then indicate that he accepts the plea. In all other murder cases X should be advised to plead "not guilty". But be careful of problems of interpretation. The client should not be misled into thinking you are advising him to say: "I did not do it".

The place for admissions of fact, if these are to be made, is in the defence outline, not in the plea: M'Kosi 1935 SR 96, Nangani 1982 (1) ZLR 150 (S) at 154B and Jokasi 1986 (2) ZLR 79 (S).

And counsel should consider carefully before they make far-reaching admissions of fact over such matters as their client's state of mind. For instance, if you want a witness called, so you can cross-examine him, the simplest way to do it is to decline to admit his evidence. The State has to call him. This is often useful with medical witnesses. Frankly I sometimes wonder on whose side defence counsel is.

Before any admissions are made by the defence in a criminal case, they should be fully discussed with and explained to the client. The lawyer should find out the exact extent of any admission his client wishes to make and he should explain to his client the implications of making such admissions. All admissions should be carefully and precisely drafted. The client should be asked to confirm, preferably in writing, exactly what it is that he is being asked to admit to.

← Older revision		Revision as of 15:38, 28 May 2010
Line 12:		Line 12:

	* Before any admissions are made by the defence in a criminal case, they should be fully discussed with and explained to the client. The lawyer should find out the exact extent of any admission his client wishes to make and he should explain to his client the implications of making such admissions. All admissions should be carefully and precisely drafted. The client should be asked to confirm, preferably in writing, exactly what it is that he is being asked to admit to.		* Before any admissions are made by the defence in a criminal case, they should be fully discussed with and explained to the client. The lawyer should find out the exact extent of any admission his client wishes to make and he should explain to his client the implications of making such admissions. All admissions should be carefully and precisely drafted. The client should be asked to confirm, preferably in writing, exactly what it is that he is being asked to admit to.

			== 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]]