Change of plea before verdict (Zimbabwe) - Revision history

Ibjadmin: /* Zimbabwe Criminal Defense Manual */

2010-06-28T20:43:16Z

Zimbabwe Criminal Defense Manual

@@ Line 7: / Line 7: @@
 If X alleges that his plea of guilty was the result of improper conduct by those in authority over him, the court must stop the proceedings and investigate this allegation.
-== Zimbabwe Criminal Defense Manual ==
+----
-'''Table of Contents'''
+See [[Zimbabwe | Zimbabwe Criminal Defense Manual]]

Ddemetriou at 13:53, 28 May 2010

2010-05-28T13:53:33Z

← Older revision		Revision as of 15:53, 28 May 2010
Line 6:		Line 6:

	If X alleges that his plea of guilty was the result of improper conduct by those in authority over him, the court must stop the proceedings and investigate this allegation.		If X alleges that his plea of guilty was the result of improper conduct by those in authority over him, the court must stop the proceedings and investigate this allegation.

			== 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: Created page with 'Where X applies to withdraw a plea of guilty before verdict, the presumption of innocence still applies. X must give an explanation as to why he initially pleaded guilty and why �'

2010-04-15T08:36:23Z

Created page with 'Where X applies to withdraw a plea of guilty before verdict, the presumption of innocence still applies. X must give an explanation as to why he initially pleaded guilty and why �'

New page

Where X applies to withdraw a plea of guilty before verdict, the presumption of innocence still applies. X must give an explanation as to why he initially pleaded guilty and why he now wishes to change his plea. Once he gives an explanation, however, it will suffice; there is no onus on him to convince the court of the veracity of his explanation. If he fails altogether to give an explanation for the withdrawal of the original plea the court is entitled to hold him to his plea: Haruperi 1984 (1) ZLR 258 (H).

Even though X's explanation may be improbable the court is not entitled to refuse the application unless it is satisfied that explanation is not only improbable but false beyond reasonable doubt.

If the applications is one to which s 272 CPEA applies (procedure where there is doubt in relation to plea of guilty), the question of onus cannot arise: Nyathi & Anor 1988 (1) ZLR 221 (H).

If X alleges that his plea of guilty was the result of improper conduct by those in authority over him, the court must stop the proceedings and investigate this allegation.

← Older revision		Revision as of 15:53, 28 May 2010
Line 6:		Line 6:

	If X alleges that his plea of guilty was the result of improper conduct by those in authority over him, the court must stop the proceedings and investigate this allegation.		If X alleges that his plea of guilty was the result of improper conduct by those in authority over him, the court must stop the proceedings and investigate this allegation.

			== 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]]