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). | ||
== 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]] | |||
Revision as of 15:20, 28 May 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).
Zimbabwe Criminal Defense Manual
Table of Contents
