Difference between revisions of "Conviction of other charge without amendment of charge (Zimbabwe)"

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A court cannot convict a person of a charge other than that with which she was charged without the charge first being amended. In Moyo 1994 (2) ZLR 24 (H) X had been charged with contravening s 2 of the Concealment of Birth Act. She was, however, convicted of infanticide without the charge being amended. The court ruled that the magistrate had misdirected himself. There was no evidence that the accused had killed the child. The accused should have been convicted of the crime with which she had been charged.
 
A court cannot convict a person of a charge other than that with which she was charged without the charge first being amended. In Moyo 1994 (2) ZLR 24 (H) X had been charged with contravening s 2 of the Concealment of Birth Act. She was, however, convicted of infanticide without the charge being amended. The court ruled that the magistrate had misdirected himself. There was no evidence that the accused had killed the child. The accused should have been convicted of the crime with which she had been charged.
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== Zimbabwe Criminal Defense Manual ==
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'''Table of Contents'''
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* [[Introduction (Zimbabwe)| Introduction]]
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* [[Defense Lawyer's Role and Responsibilities (Zimbabwe)|Defense Lawyer's Role and Responsibilities]]
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* [[Pre-Trial Matters (Zimbabwe)|Pre-Trial Matters]]
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* [[Jurisdiction of Courts (Zimbabwe)|Jurisdiction of Courts]]
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* [[Preparing for Trial (Zimbabwe)| Preparing for Trial]]
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* [[Trial (Zimbabwe)|Trials]]
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* [[Rules of Evidence (Zimbabwe)| Rules of Evidence]]
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* [[Criminal Law Code (Zimbabwe)| Criminal Law Code]]
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* [[Verdict (Zimbabwe)|Verdict]]
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* [[Sentence (Zimbabwe)|Sentence]]
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* [[Record of Proceedings (Zimbabwe)|Record of Proceedings]]
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* [[Appeals (Zimbabwe)|Appeals]]
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* [[Automatic Review and Scrutiny (Zimbabwe)| Automatic Review and Scrutiny]]
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* [[Miscellaneous Matters (Zimbabwe)|Miscellaneous Matters]]

Revision as of 16:02, 28 May 2010

A court cannot convict a person of a charge other than that with which she was charged without the charge first being amended. In Moyo 1994 (2) ZLR 24 (H) X had been charged with contravening s 2 of the Concealment of Birth Act. She was, however, convicted of infanticide without the charge being amended. The court ruled that the magistrate had misdirected himself. There was no evidence that the accused had killed the child. The accused should have been convicted of the crime with which she had been charged.

Zimbabwe Criminal Defense Manual

Table of Contents