Difference between revisions of "Aggravated features (Zimbabwe)"
Ddemetriou (talk | contribs) (Created page with 'If the prosecutor wishes to do so, he may address the court to draw attention to the aggravating features of the case and to make submissions as to the appropriate sentence in th�') |
Ddemetriou (talk | contribs) |
||
| Line 4: | Line 4: | ||
As regards the factor of prevalence of a particular crime it was noted in Sibanda HB-102-06 that while the prevalence of an offence is a relevant factor in sentencing, it is not the overriding factor. It is not the function of the court to try to control crime by imprisoning people accused of crimes which the legislature, in its wisdom, considers trifling. While the courts should never be seen by the public to be trivialising serious offences, courts are equally enjoined not to make trivial cases serious. Either scenario is as much unjust as the other. | As regards the factor of prevalence of a particular crime it was noted in Sibanda HB-102-06 that while the prevalence of an offence is a relevant factor in sentencing, it is not the overriding factor. It is not the function of the court to try to control crime by imprisoning people accused of crimes which the legislature, in its wisdom, considers trifling. While the courts should never be seen by the public to be trivialising serious offences, courts are equally enjoined not to make trivial cases serious. Either scenario is as much unjust as the other. | ||
| + | |||
| + | == 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]] | ||
Revision as of 16:07, 28 May 2010
If the prosecutor wishes to do so, he may address the court to draw attention to the aggravating features of the case and to make submissions as to the appropriate sentence in the case and to refer to any relevant case law in this regard.
For commentary on the factors which may aggravate sentence see Chapter 7 of A Guide to Sentencing in Zimbabwe by G. Feltoe. See also Mangena & Ors HB-22-05. These factors must be weighed against factors such as the age and personal circumstances of the accused. The sentencing court has a duty to enquire into the subjective elements in order to individualise the punishment.
As regards the factor of prevalence of a particular crime it was noted in Sibanda HB-102-06 that while the prevalence of an offence is a relevant factor in sentencing, it is not the overriding factor. It is not the function of the court to try to control crime by imprisoning people accused of crimes which the legislature, in its wisdom, considers trifling. While the courts should never be seen by the public to be trivialising serious offences, courts are equally enjoined not to make trivial cases serious. Either scenario is as much unjust as the other.
Zimbabwe Criminal Defense Manual
Table of Contents
