Difference between revisions of "Reasons for sentence (Zimbabwe)"

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Reasons should be given for the penalty which is imposed. These reasons should be recorded in writing at the time sentence is pronounced. Full written reasons should be given even if the judicial officer thinks that the reasons for the sentence are obvious. It is particularly important that a magistrate records his reasons for departing from any general policy which has been laid down by the higher courts in respect of sentence. The imposition of an inappropriate sentence is an injustice and the review or appeal court can only determine the appropriateness of a sentence if the reasons for the sentence are given: Duri HH-89-91; Nyamupanda HH-101-91; Ngwenya HH--14-90.
 
Reasons should be given for the penalty which is imposed. These reasons should be recorded in writing at the time sentence is pronounced. Full written reasons should be given even if the judicial officer thinks that the reasons for the sentence are obvious. It is particularly important that a magistrate records his reasons for departing from any general policy which has been laid down by the higher courts in respect of sentence. The imposition of an inappropriate sentence is an injustice and the review or appeal court can only determine the appropriateness of a sentence if the reasons for the sentence are given: Duri HH-89-91; Nyamupanda HH-101-91; Ngwenya HH--14-90.
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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 16:10, 28 May 2010

Reasons should be given for the penalty which is imposed. These reasons should be recorded in writing at the time sentence is pronounced. Full written reasons should be given even if the judicial officer thinks that the reasons for the sentence are obvious. It is particularly important that a magistrate records his reasons for departing from any general policy which has been laid down by the higher courts in respect of sentence. The imposition of an inappropriate sentence is an injustice and the review or appeal court can only determine the appropriateness of a sentence if the reasons for the sentence are given: Duri HH-89-91; Nyamupanda HH-101-91; Ngwenya HH--14-90.

Zimbabwe Criminal Defense Manual

Table of Contents