Difference between revisions of "Zimbabwe Criminal Defense Manual - Appeals against decisions of High Court"

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== Leave to Appeal not required ==
 
== Leave to Appeal not required ==
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Leave to appeal is not required if:
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* the appeal is against conviction on any ground of appeal which involves a question of law alone (Where the appeal was brought on the ground of law alone but it turns out on appeal that the appeal involves a question of mixed fact and law, the Supreme Court can grant leave to the appellant to proceed without the appellant first having to obtain leave from the High Court);
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* the High Court imposed the death sentence and the appeal is against conviction or sentence or both;
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* where the sentence for the offence is fixed by law and the appeal is on the ground that the sentence passed was not the sentence fixed by law in respect of the offence of which the appellant was convicted.
  
 
== Applications to High Court for Leave to Appeal ==
 
== Applications to High Court for Leave to Appeal ==

Revision as of 22:09, 28 June 2010

Appealable Decisions

The following appeals against decisions of the High Court are heard by the Supreme Court:

  • Appeals against conviction and sentence or conviction or sentence in cases first tried in the High Court;
  • Further appeals against decisions of the High Court on appeal against sentences imposed in the magistrates courts, where the appellants are dissatisfied with the appeal decisions in the High Court.
  • Appeals against decisions of the High Court in regard to applications made to the High Court to review the proceedings in the magistrates court on the grounds of irregularities. There is, however, no right of appeal against decisions taken by High Court judges on automatic review of the proceedings.

Leave to Appeal

In some instances the leave (permission) of the High Court to appeal is required before the case can be taken on appeal to the Supreme Court: s 44 High Court Act, 1981. Where the High Court refuses to grant leave to appeal, the appellant is entitled to apply to a Supreme Court judge for leave to appeal.

Leave to Appeal not required

Leave to appeal is not required if:

  • the appeal is against conviction on any ground of appeal which involves a question of law alone (Where the appeal was brought on the ground of law alone but it turns out on appeal that the appeal involves a question of mixed fact and law, the Supreme Court can grant leave to the appellant to proceed without the appellant first having to obtain leave from the High Court);
  • the High Court imposed the death sentence and the appeal is against conviction or sentence or both;
  • where the sentence for the offence is fixed by law and the appeal is on the ground that the sentence passed was not the sentence fixed by law in respect of the offence of which the appellant was convicted.

Applications to High Court for Leave to Appeal

Withdrawal of Concession by Attorney-General's representative that leave to appeal should be granted

Application to Supreme Court for levae to appeal

Criterion for deciding whether to grant leave to appeal

Noting of appeal in Supreme Court

Grounds of Appeal

See Zimbabwe Criminal Defense Manual

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