Reasons for sentence (Zimbabwe): Difference between revisions
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Reasons should be given for the penalty which is imposed. These reasons should be recorded in writing at the time sentence is pronounced. Full written reasons should be given even if the judicial officer thinks that the reasons for the sentence are obvious. It is particularly important that a magistrate records his reasons for departing from any general policy which has been laid down by the higher courts in respect of sentence. The imposition of an inappropriate sentence is an injustice and the review or appeal court can only determine the appropriateness of a sentence if the reasons for the sentence are given: Duri HH-89-91; Nyamupanda HH-101-91; Ngwenya HH--14-90. | |||
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See [[Zimbabwe | Zimbabwe Criminal Defense Manual]] | |||
Latest revision as of 21:32, 28 June 2010
Reasons should be given for the penalty which is imposed. These reasons should be recorded in writing at the time sentence is pronounced. Full written reasons should be given even if the judicial officer thinks that the reasons for the sentence are obvious. It is particularly important that a magistrate records his reasons for departing from any general policy which has been laid down by the higher courts in respect of sentence. The imposition of an inappropriate sentence is an injustice and the review or appeal court can only determine the appropriateness of a sentence if the reasons for the sentence are given: Duri HH-89-91; Nyamupanda HH-101-91; Ngwenya HH--14-90.
