Subsequent amendment of sentence (Zimbabwe): Difference between revisions
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A judicial officer can only amend the sentence if the mistake was his own. He cannot amend the sentence if the mistake was that of the prosecutor: Mamwere 1978 RLR 374 (GD). | A judicial officer can only amend the sentence if the mistake was his own. He cannot amend the sentence if the mistake was that of the prosecutor: Mamwere 1978 RLR 374 (GD). | ||
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See [[Zimbabwe | Zimbabwe Criminal Defense Manual]] | |||
Latest revision as of 21:33, 28 June 2010
In terms of s 201(2) CPEA, when a wrong sentence is mistakenly handed down, it may be amended before or immediately after it has been recorded.
For example, if the judicial officer intended to impose a sentence of six weeks' imprisonment and he discovers immediately afterwards that he erroneously recorded a sentence of six months' imprisonment, he may correct the record accordingly: Sikumbuzo 1967 (4) SA 602 (RA); Chikumbirike HH-307-84; Nyamufarira HH-335-83.
Where the error is only discovered some time after the sentence was recorded by a magistrate, the magistrate should refer the matter to a judge for amendment: Ncube & Ors HB-150-88.
A judicial officer can only amend the sentence if the mistake was his own. He cannot amend the sentence if the mistake was that of the prosecutor: Mamwere 1978 RLR 374 (GD).
