Difference between revisions of "Effect of sentence on delay in trial or hearing appeal (Zimbabwe)"
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== Delay in bringing to trial == | == Delay in bringing to trial == | ||
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In Nyambo S-24-05 the appellant was sentenced to death for murder in October 1994, nearly a year after the coming into effect of the 13th amendment to the Constitution. This amendment provided that any delay in carrying out sentence of death should not be treated as a violation of the convicted person's right under s 15 of the Constitution (which prohibits inhuman or degrading punishment or treatment). He noted an appeal on the appropriate prison documents, but for reasons unexplained the documents did not reach the court for another 10 years. It was argued that the delay amounted to a violation of the appellant's fundamental rights under s 15(1) of the Constitution and that the sentence should be altered to life imprisonment. It was held that in view of the provisions of the amending Act, which came into effect before the appellant was sentenced, he was not entitled to the relief he was seeking. | In Nyambo S-24-05 the appellant was sentenced to death for murder in October 1994, nearly a year after the coming into effect of the 13th amendment to the Constitution. This amendment provided that any delay in carrying out sentence of death should not be treated as a violation of the convicted person's right under s 15 of the Constitution (which prohibits inhuman or degrading punishment or treatment). He noted an appeal on the appropriate prison documents, but for reasons unexplained the documents did not reach the court for another 10 years. It was argued that the delay amounted to a violation of the appellant's fundamental rights under s 15(1) of the Constitution and that the sentence should be altered to life imprisonment. It was held that in view of the provisions of the amending Act, which came into effect before the appellant was sentenced, he was not entitled to the relief he was seeking. | ||
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| + | See [[Zimbabwe | Zimbabwe Criminal Defense Manual]] | ||
