User contributions for Ddemetriou

13 April 2010

• 13:2313:23, 13 April 2010 diff hist +1,665‎ N Corroboration (Zimbabwe) ‎ Created page with 'The evidence of certain classes of witnesses is insufficient, standing alone, as proof the facts deposed to. Such witnesses * for example, accomplices, young children and compla�'
• 13:2213:22, 13 April 2010 diff hist +614‎ N Proof beyond reasonable doubt (Zimbabwe) ‎ Created page with 'The State is required to prove the guilt of the accused beyond reasonable doubt. Proof beyond reasonable doubt requires more than proof on a balance of probabilities. It is not, �'
• 13:2213:22, 13 April 2010 diff hist +871‎ N Introduction to Rules of Evidence (Zimbabwe) ‎ Created page with 'The defence lawyer must be fully conversant with the rules of evidence. Most criminal cases turn on the facts and the inferences to be drawn from those facts, rather than on poin�'
• 13:2213:22, 13 April 2010 diff hist 0‎ Zimbabwe Criminal Defense Manual - Rules of Evidence ‎No edit summary
• 13:2113:21, 13 April 2010 diff hist +21‎ Zimbabwe Criminal Defense Manual - Rules of Evidence ‎No edit summary
• 13:2113:21, 13 April 2010 diff hist +680‎ N Zimbabwe Criminal Defense Manual - Rules of Evidence ‎ Created page with '* Introduction * Proof beyond reasonable doubt * Corroboration * Single witness evidence * Complainant evidence in sexual cases * Evidence from children *�'
• 13:0413:04, 13 April 2010 diff hist +1‎ Zimbabwe Criminal Defense Manual - Preparing for Trial ‎No edit summary
• 13:0313:03, 13 April 2010 diff hist +1‎ Defense outline (Zimbabwe) ‎No edit summary
• 13:0313:03, 13 April 2010 diff hist −13‎ Defense outline (Zimbabwe) ‎No edit summary
• 11:4711:47, 13 April 2010 diff hist +8,896‎ N Defense outline (Zimbabwe) ‎ Created page with ' == In the magistrates court == Section 188(a) CPEA lays down that, if X pleads not guilty in a trial in the magistrates court, the prosecutor must first give an outline of the �'
• 11:3711:37, 13 April 2010 diff hist +1,684‎ N Defense witnesses (Zimbabwe) ‎ Created page with 'It is obviously important to find out from potential defence witnesses what they actually know about the events in question. It is dangerous to rely upon what X or his relatives �'
• 11:3611:36, 13 April 2010 diff hist +2,364‎ N Other defenses (Zimbabwe) ‎ Created page with 'The requirements for the various defences that can be raised in respect of criminal charges are set out in Chapter 14 of the Criminal Law (Codification and Reform) Act. Defence c�'
• 11:3511:35, 13 April 2010 diff hist +6,445‎ N Mental disorder (Zimbabwe) ‎ Created page with 'If, as a result of his interviews with his client, the defence lawyer considers that the client is not mentally fit to stand trial, he or she should liaise with the prosecutor in�'
• 11:3311:33, 13 April 2010 diff hist +6‎ Plea and Admissions (Zimbabwe) ‎No edit summary
• 11:3311:33, 13 April 2010 diff hist −15‎ Plea and Admissions (Zimbabwe) ‎No edit summary
• 11:3211:32, 13 April 2010 diff hist +4‎ Plea and Admissions (Zimbabwe) ‎No edit summary
• 11:3111:31, 13 April 2010 diff hist +8‎ Plea and Admissions (Zimbabwe) ‎No edit summary
• 11:3011:30, 13 April 2010 diff hist +4‎ Plea and Admissions (Zimbabwe) ‎No edit summary
• 11:3011:30, 13 April 2010 diff hist +1,973‎ N Plea and Admissions (Zimbabwe) ‎ Created page with 'The final stage of pre-trial consultation, apart from discussing the witnesses you should call, is to discuss with your client how he is going to plead to the charge. Regarding�'
• 11:2611:26, 13 April 2010 diff hist +8,873‎ N Taking instructions (Zimbabwe) ‎ Created page with 'Once the defence lawyer has understood the State case and has familiarised himself with the essential ingredients of the criminal offence which has been levelled against his clie�'
• 11:2511:25, 13 April 2010 diff hist +765‎ N Defense Interviewing State witnesses (Zimbabwe) ‎ Created page with 'This will arise only on very rare occasions. Such interviews may only take place after the prosecutor has agreed to them. The prosecutor will only give consent if he has been giv�'
• 11:2511:25, 13 April 2010 diff hist +400‎ N Perusal of statements of State witnesses (Zimbabwe) ‎ Created page with 'The High Court ruling in the case of Sithole 1996 (2) ZLR 575 (H) is important. The court decided that X is normally entitled to have access to the witness statements contained i�'
• 11:2411:24, 13 April 2010 diff hist +353‎ N Plea bargaining (Zimbabwe) ‎ Created page with 'It may be that a client is prepared to plead guilty if the State reduces the charge to a lesser offence. The defence lawyer may engage in a process of plea bargaining with the p�'
• 11:2411:24, 13 April 2010 diff hist +1,680‎ N Pre-trial discussion with Prosecutor (Zimbabwe) ‎ Created page with 'In the Prosecutors Handbook Reid-Rowland says this in Chapter 9: * Discussion of an impending prosecution with the accused's legal adviser is perfectly in order and indeed is �'
• 11:1511:15, 13 April 2010 diff hist +731‎ N Further particulars (Zimbabwe) ‎ Created page with 'If the prosecution case is not clear, further particulars should be sought in terms of s 177 CPEA. Even though the charge may comply with s 146 CPEA, the legal practitioner may s�'
• 11:1411:14, 13 April 2010 diff hist +934‎ N Summary of State witness testimony (Zimbabwe) ‎ Created page with 'When X is committed for trial in the High Court, the State is obliged to serve on X at the same time as the indictment is served a document listing the witnesses which the State �'
• 11:1411:14, 13 April 2010 diff hist +400‎ N Material contained in police docket (Zimbabwe) ‎ Created page with 'The High Court ruling in the case of Sithole 1996 (2) ZLR 575 (H) is important. The court decided that X is normally entitled to have access to the witness statements contained i�'
• 11:1411:14, 13 April 2010 diff hist +2‎ Charge (Zimbabwe) ‎No edit summary
• 11:1311:13, 13 April 2010 diff hist +3,262‎ N Charge (Zimbabwe) ‎ Created page with 'The first task is to understand what the case against X is. The charge should be critically examined to see if it is legally competent and that adequate details have been provide�'
• 11:1311:13, 13 April 2010 diff hist +350‎ N Relevant Documentation (Zimbabwe) ‎ Created page with 'Once the legal practitioner has informed the prosecutor dealing with the case that he is representing X, the prosecutor will normally provide the legal practitioner with a copy o�'
• 11:1211:12, 13 April 2010 diff hist +445‎ N Zimbabwe Criminal Defense Manual - Preparing for Trial ‎ Created page with '* Relevant Documentation * Charge * Material contained in police docket * Summary of State witness testimony * Further particulars * [[Pre-trial discussion wi�'
• 11:0011:00, 13 April 2010 diff hist +160‎ N Zimbabwe Criminal Defense Manual - Jurisdiction of Courts ‎ Created page with '* Place of Trial * Crimes Triable * Penalties imposable * Crimes committed outside Zimbabwe * Illegally bringing accused into jurisdiction'
• 10:5610:56, 13 April 2010 diff hist +3,258‎ N Discovery of Mental Unfitness Before Trial (Zimbabwe) ‎ Created page with 'If, as a result of his interviews with his client, the defence lawyer considers that X is not mentally fit to stand trial, he should liaise with the prosecutor in the case so tha�'
• 10:5510:55, 13 April 2010 diff hist +14,432‎ N Statements by Accused to Police (Zimbabwe) ‎ Created page with ' == Importance to police == The police must obtain evidence of the commission of the alleged crime in order to secure a conviction in court. Not infrequently the sole or primary�'
• 10:5010:50, 13 April 2010 diff hist 0‎ Bail Pending Appeal (Zimbabwe) ‎No edit summary
• 10:4910:49, 13 April 2010 diff hist +15‎ Bail Pending Appeal (Zimbabwe) ‎No edit summary
• 10:4810:48, 13 April 2010 diff hist +16‎ Bail Pending Appeal (Zimbabwe) ‎No edit summary
• 10:4210:42, 13 April 2010 diff hist +238‎ N Bail Pending Appeal (Zimbabwe) ‎ Created page with '* Cases in Magistrates Court * Cases in High Court * Criteria * Further applications for bail * Appeal against refusal of bail by High Court * [[Single Appeal�'
• 10:2910:29, 13 April 2010 diff hist +2,457‎ N Grounds for refusal (Zimbabwe) ‎ Created page with 'The fundamental principle governing the court's approach to bail applications is to uphold the interests of justice. Section 117 (1) provides that, subject to this section and se�'
• 10:2810:28, 13 April 2010 diff hist +595‎ N When and how can be applied for (Zimbabwe) ‎ Created page with 'X can make an oral application for bail at any time to a magistrate before whom he is appearing. A written application for bail must be in the form of a petition and must be acco�'
• 10:2810:28, 13 April 2010 diff hist +692‎ N Application in High Court (Zimbabwe) ‎ Created page with 'The general power of the High Court to admit a person to bail no matter what charge has been levelled against him is set out in s 116(a) CPEA. However, this power is now subject �'
• 10:2710:27, 13 April 2010 diff hist +2,920‎ N Application in Magistrates Court (Zimbabwe) ‎ Created page with 'Magistrates powers to grant bail or to alter bail conditions are now severely restricted. In terms of s 116(1)(b) CPEA, where X has been charged with any of the offences specifie�'
• 10:2610:26, 13 April 2010 diff hist +1,273‎ N Procedure in bail case (Zimbabwe) ‎ Created page with 'In Ncube & Anor HB-126-02 the judge pointed out that bail applications are sui generis: there is no prescribed format or procedure. It is the duty of the presiding officer, with �'
• 10:2510:25, 13 April 2010 diff hist +2,550‎ N General (Zimbabwe) ‎ Created page with 'The defence lawyer must be fully conversant with the factors which the courts take into account in deciding whether or not to grant bail. In taking instructions from clients, all�'
• 10:2510:25, 13 April 2010 diff hist +691‎ N Bail Pending Trial (Zimbabwe) ‎ Created page with '* General * Procedure in bail case * Application in Magistrates Court * Application in High Court * When and how can be applied for * Grounds for refusal �'
• 10:1510:15, 13 April 2010 diff hist +3,466‎ N Postponement of Cases (Zimbabwe) ‎ Created page with 'Instructions have been given to magistrates that they should hear in open court all applications for postponement of cases before they have commenced. (The same applies to postpo�'
• 10:0810:08, 13 April 2010 diff hist +20‎ Zimbabwe Criminal Defense Manual - Remands ‎No edit summary
• 10:0210:02, 13 April 2010 diff hist +101‎ N Zimbabwe Criminal Defense Manual - Remands ‎ Created page with '* Generally * Reasonable Suspicion * Unreasonable delay * Accused in Custody * Accused out of Custody'
• 09:5509:55, 13 April 2010 diff hist −3‎ Search of Persons and Premises (Zimbabwe) ‎No edit summary
• 09:5509:55, 13 April 2010 diff hist +4,195‎ N Search of Persons and Premises (Zimbabwe) ‎ Created page with ' == With warrant == For a search warrant to be valid it must satisfy the requirements set out in s 50(1) CPEA. A search warrant can be issued either by a judicial officer or by �'