Evidence on Sentence (Zimbabwe)

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Section 334(3) CPEA sets out the types of evidence and information which the court may receive for the purpose of informing itself as to the proper sentence to be passed. This includes evidence on oath from X and his witnesses or from State witnesses, including hearsay evidence, an unsworn statement from X, written statements from the prosecutor, X or his legal representative and affidavits and written reports tendered by the prosecutor, X or his legal representative. Hearsay evidence may only be tendered by one side if the other side consents. The court can decide to call to give oral evidence the person who made any affidavit or written report submitted in evidence.

Accused persons and witnesses who testify in relation to sentence are liable to cross-examination.

See Zimbabwe Criminal Defense Manual