Difference between revisions of "Lies by accused corroborating State case (Zimbabwe)"

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It has been stated that too much weight should not be attached to lies told by the accused. The court must guard against drawing an inference of the accused's guilt solely on the basis of lies told by him: Nyoni S-118-90.
 
It has been stated that too much weight should not be attached to lies told by the accused. The court must guard against drawing an inference of the accused's guilt solely on the basis of lies told by him: Nyoni S-118-90.
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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 14:57, 28 May 2010

The person you are defending may have told lies to the police during investigations. Under cross-examination by the prosecutor he may relate a story which is obviously false. The prosecutor may argue that these lies can corroborate the evidence given by State witnesses. The courts have laid down that for such a lie to be capable of amounting to corroboration of the testimony of a State witness:

  • The lie must be deliberate;
  • It must relate to a material issue;
  • The motive for the lie must be a realisation of guilt and a fear of the truth;
  • The statement must be clearly shown to be a lie by evidence other than that of the witness who is to be corroborated.

It has been stated that too much weight should not be attached to lies told by the accused. The court must guard against drawing an inference of the accused's guilt solely on the basis of lies told by him: Nyoni S-118-90.

Zimbabwe Criminal Defense Manual

Table of Contents