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Jump to navigationJump to search- 16:38, 15 April 2010 diff hist +17,612 N Zimbabwe Legal Aid Act Created page with '== PART I == ===PRELIMINARY=== '''1 Short title and date of commencement''' (1) This Act may be cited as the Legal Aid Act, 1996. (2) This Act shall come into operation on �'
- 16:32, 15 April 2010 diff hist -2 Zimbabwe
- 15:32, 15 April 2010 diff hist -75 Zimbabwe
- 15:31, 15 April 2010 diff hist +113 Zimbabwe
- 15:25, 15 April 2010 diff hist +230 Code of Criminal Procedure-Rwanda
- 15:16, 15 April 2010 diff hist +167 Code of Criminal Procedure-Rwanda
- 15:08, 15 April 2010 diff hist +63 Code of Criminal Procedure-Rwanda
- 15:05, 15 April 2010 diff hist +106 Code of Criminal Procedure-Rwanda
- 14:57, 15 April 2010 diff hist +61 Code of Criminal Procedure-Rwanda
- 14:53, 15 April 2010 diff hist +33 Code of Criminal Procedure-Rwanda
- 14:51, 15 April 2010 diff hist +319 Code of Criminal Procedure-Rwanda
- 14:42, 15 April 2010 diff hist +252 Code of Criminal Procedure-Rwanda
- 13:02, 15 April 2010 diff hist +74 Code of Criminal Procedure-Rwanda
- 13:00, 15 April 2010 diff hist -33,470 Code of Criminal Procedure-Rwanda
- 12:03, 15 April 2010 diff hist 0 Code of Criminal Procedure-Rwanda
- 12:02, 15 April 2010 diff hist +153,421 N Code of Criminal Procedure-Rwanda Created page with '== Chapter 1. PRELIMINARY PROVISIONS == '''Article: 1''' (Organic Law no 20/2006 of 22/04/2006) This law governs criminal investigation and prosecution aimed at imposing penal�'
- 11:41, 15 April 2010 diff hist +40 Rwanda
- 10:37, 15 April 2010 diff hist +1,243 N Change of plea after conviction (Zimbabwe) Created page with 'What should a defence lawyer do if his client wishes to change his plea after conviction. The answer was provided in the case of Jackson HH-201-02 X, together with a colleague, s�'
- 10:37, 15 April 2010 diff hist 0 Zimbabwe Criminal Defense Manual - Trial
- 10:36, 15 April 2010 diff hist +1,077 N Change of plea before verdict (Zimbabwe) Created page with 'Where X applies to withdraw a plea of guilty before verdict, the presumption of innocence still applies. X must give an explanation as to why he initially pleaded guilty and why �'
- 10:36, 15 April 2010 diff hist -3 Addresses at conclusion of defence case (Zimbabwe)
- 10:35, 15 April 2010 diff hist +5,069 N Addresses at conclusion of defence case (Zimbabwe) Created page with 'In terms of s 200 CPEA both the prosecutor and the defence have the right to address the court at the conclusion of the defence. Where the parties wish to exercise this right t�'
- 10:35, 15 April 2010 diff hist +2,024 N Discrepancies between testimony of State witnesses and the contents of indictment and summary of case (Zimbabwe) Created page with 'Where there are discrepancies between the contents of the indictment, the summary of the State case and the preamble to X's warned and cautioned statement on the one hand and t�'
- 10:34, 15 April 2010 diff hist +1,701 N Reopening of State case and evidence from State in rebuttal of a defence (Zimbabwe) Created page with 'It is not just and proper for the State to be allowed to re-open its case to lead evidence that was available to it from the beginning of the proceedings in order to rebut a defe�'
- 10:34, 15 April 2010 diff hist +1,569 N Defences (Zimbabwe) Created page with '== Types of defences == Where the acts alleged by the State are not denied, it is still possible for X to plead not guilty. The defences raised in these circumstances usually fa�'
- 10:33, 15 April 2010 diff hist +296 N Questioning of accused by prosecutor and judicial officer (Zimbabwe) Created page with 'Defence counsel must bear in mind that even if the defence has decided that X will not give evidence, under s 198(9) CPEA the prosecutor and the court may still put questions to �'
- 10:33, 15 April 2010 diff hist +786 N Calling accused to give evidence (Zimbabwe) Created page with 'Defence counsel needs to decide whether X should give testimony in his own defence. Sometimes X's legal representative will decide that it would be inadvisable for X to testify a�'
- 10:32, 15 April 2010 diff hist +1,359 N Calling of witnesses by defence (Zimbabwe) Created page with 'The defence is entitled to call witnesses to testify for the defence. In terms of s 229 CPEA if the defence wishes to compel the attendance of a witness it may "take out of the�'
- 10:32, 15 April 2010 diff hist +407 Discharge at close of State case (Zimbabwe)
- 10:31, 15 April 2010 diff hist +8,754 N Discharge at close of State case (Zimbabwe) Created page with 'X's legal representative may apply for discharge at the close of the State case. Section 198(3) CPEA provides that the court may return a verdict of not guilty after the Sta�'
- 10:31, 15 April 2010 diff hist +83 Zimbabwe Criminal Defense Manual - Trial
- 10:29, 15 April 2010 diff hist +1,274 N Court calling further evidence (Zimbabwe) Created page with 'Defence counsel should note that because the objective of a criminal trial is to ensure that justice is achieved and because the liberty of X is often at stake, a judicial office�'
- 10:29, 15 April 2010 diff hist +464 N Adjournments (Zimbabwe) Created page with 'Judicial officers have the discretion to adjourn a case on the grounds that this is necessary or expedient. A case can be adjourned at any stage of the trial, whether or not evid�'
- 10:29, 15 April 2010 diff hist +1,524 N Audio and video tape recordings (Zimbabwe) Created page with 'In Adolfo 1991 (2) ZLR 325 (H) the court referred with approval to two South African judgments: In Ramgobin & Ors 1986 (4) SA 117 (N) the court stated that for tape recordings to�'
- 10:28, 15 April 2010 diff hist +9,324 N Documentary exhibits (Zimbabwe) Created page with 'Subject to certain exceptions dealt with below, documentary exhibits must be proved by evidence on oath from witnesses. == Photographs and plans == To prove photographs and pl�'
- 10:25, 15 April 2010 diff hist +982 N Production of exhibits (Zimbabwe) Created page with 'The way in which exhibits are produced is set out in Chapter 18 of the Prosecutors Handbook. The comments in this handbook are equally applicable to production of exhibits by the�'
- 10:25, 15 April 2010 diff hist +1,178 N Departure from statements by State witnesses (Zimbabwe) Created page with 'The prosecutor stands in a special relation to the court, and where there is a serious discrepancy between the statement of a State witness taken during investigations and what h�'
- 10:25, 15 April 2010 diff hist +1,554 N Formal admissions by accused or prosecutor during trial (Zimbabwe) Created page with 'During the course of his trial X may admit to any fact relevant to the issue or, on instructions from his client, the defence lawyer may admit certain facts. The prosecutor may a�'
- 10:24, 15 April 2010 diff hist +10,400 N Challenge to admissibility of statements made by accused (Zimbabwe) Created page with '== Grounds for challenge == The defence lawyer can challenge any statement or indication made to the police by his or her client on the basis that the statement was not made fre�'
- 10:17, 15 April 2010 diff hist +4,805 N Production of statements made by accused to police (Zimbabwe) Created page with '== Types of statement == All statements made by accused persons outside the court (extra-curial statements) during investigations, including written and oral statements, confess�'
- 10:12, 15 April 2010 diff hist +2,236 N Questioning by court (Zimbabwe) Created page with 'The judicial officer's role is to try to ascertain the truth. He is therefore entitled, indeed duty bound, to ask questions of both State and defence witnesses in order to clarif�'
- 10:11, 15 April 2010 diff hist +453 N Re-Examination (Zimbabwe) Created page with 'After a witness has been cross-examined, the party originally calling him may put further questions to him. There are, however, strict limits to the type of questions which may b�'
- 10:09, 15 April 2010 diff hist +13,905 N Cross-Examination (Zimbabwe) Created page with 'This is the process of questioning of witnesses by the other side after the testimony has been adduced in the examination-in-chief. The purpose of cross-examination is to try t�'
- 10:03, 15 April 2010 diff hist +4,189 N Examination in chief (Zimbabwe) Created page with 'Defence counsel may call witnesses to testify for the defence. He may also call X to testify in his defence. The purpose of examination-in-chief is to elicit relevant and admis�'
- 10:02, 15 April 2010 diff hist +16 Questioning of witnesses (Zimbabwe)
- 10:02, 15 April 2010 diff hist +201 N Questioning of witnesses (Zimbabwe) Created page with '* Examination in chief (Zimbabwe)|Examination in chief * Cross-Examination (Zimbabwe)|Cross-Examination * Re-Examination (Zimbabwe)|Re-Examination * Questioning by court (Zimbabw�'
- 13:17, 14 April 2010 diff hist +1,166 N State and defense outlines (Zimbabwe) Created page with 'If X pleads not guilty, or a plea of not guilty is recorded because he refuses to plead to the charge or to plead directly thereto, the next stage is to call upon the prosecutor �'
- 13:16, 14 April 2010 diff hist +8,831 N The Plea (Zimbabwe) Created page with '== Types of plea == At the start of the trial X is asked how he pleads. X must personally plead to the charge; his or her lawyer cannot enter a plea on his behalf. If X pleads �'
- 13:12, 14 April 2010 diff hist -1 The charge (Zimbabwe)
- 13:12, 14 April 2010 diff hist +8,744 N The charge (Zimbabwe) Created page with '== Correct formulation == The trial starts off with the reading of the charge. The charge must be clearly and correctly formulated and properly laid, either under common law or �'
- 13:09, 14 April 2010 diff hist +1,106 N Joint trials (Zimbabwe) Created page with 'Where persons are implicated in the same offence they may be tried together: s 158 CPEA. Thus, where a number of persons committed a crime, they can be tried together; accomplice�'
- 13:08, 14 April 2010 diff hist +1,028 N Legal representation under Legal Aid Act (Zimbabwe) Created page with 'Section 10 of the Legal Aid Act provides for the provision of legal aid in certain criminal cases. Where a judge or magistrate or to the Attorney-General believes that it is in t�'
- 13:08, 14 April 2010 diff hist +2,473 N Holding cases in camera (Zimbabwe) Created page with 'In order for justice to be seen to be done, criminal proceedings are normally held in public. The public are entitled to attend criminal trials and the press are entitled to repo�'
- 13:07, 14 April 2010 diff hist +1,950 N Calling of witnesses (Zimbabwe) Created page with 'In Yusuf 1997 (1) ZLR 102 (H) the court stressed that a person on trial for a criminal offence must be given a full opportunity to give evidence in his defence and to call such �'
- 13:07, 14 April 2010 diff hist +4,621 N Mental unfitness of accused to stand trial (Zimbabwe) Created page with 'The defence lawyer must determine the mental fitness of his client to stand trial. When taking instructions it may become apparent to the defence lawyer that his client is acting�'
- 13:06, 14 April 2010 diff hist +846 N Trial in absence of accused (Zimbabwe) Created page with 'The defence lawyer should be aware of the fact that in minor cases the trial can proceed in the absence of his client in certain circumstances Section 357 CPEA allows proceedin�'
- 13:06, 14 April 2010 diff hist +1,831 N Attendance of accused (Zimbabwe) Created page with 'If X person is in custody, he will be brought to court on the date which has been set down for his trial. If X is out of custody, his attendance at his trial can be brought abou�'
- 13:05, 14 April 2010 diff hist +5,535 N Bias of judicial officer (Zimbabwe) Created page with 'Every accused person has the right to a fair trial by an impartial judicial officer. If the judicial officer is biased or there is a reasonable suspicion that he or she will be b�'
- 13:04, 14 April 2010 diff hist +4 Zimbabwe Criminal Defense Manual - Trial
- 13:04, 14 April 2010 diff hist +1,661 Zimbabwe Criminal Defense Manual - Trial
- 12:51, 14 April 2010 diff hist +899 N Zimbabwe Criminal Defense Manual - Trial Created page with '* Bias of judicial officer * Attendance of accused * Trial in absence of accused (Zimbabwe)|Trial in �'
- 12:41, 14 April 2010 diff hist +3,053 N Zimbabwe Criminal Defense Manual - Miscellaneous Matters Created page with '== Contempt of court == The power to punish summarily for contempt is essential for the court to uphold its dignity and authority, but this power is a drastic one, which should �'
- 12:40, 14 April 2010 diff hist +10,313 N Zimbabwe Criminal Defense Manual - Automatic Review and Scrutiny Created page with '== Review and scrutiny systems == The system of review is there to ensure "that every accused person who obtains a sentence of some severity automatically enjoys an independen�'
- 12:33, 14 April 2010 diff hist +35,742 N Zimbabwe Criminal Defense Manual - Grounds of appeal Created page with '== Detail required == The grounds of appeal must be set out in the notice of appeal and the grounds must be in separate numbered paragraphs. Grounds of appeal against conviction�'
- 12:24, 14 April 2010 diff hist +606 Zimbabwe Criminal Defense Manual - Appeals against decisions of High Court
- 12:15, 14 April 2010 diff hist -601 Zimbabwe Criminal Defense Manual - Appeals against decisions of High Court
- 11:57, 14 April 2010 diff hist +961 N Zimbabwe Criminal Defense Manual - Appeals against decisions of High Court Created page with '* Appealable decisions * Leave to Appeal * [[Leave to Appeal not required (Zimbabwe)|Leave to Appeal not requir�'
- 11:34, 14 April 2010 diff hist +12,356 N Zimbabwe Criminal Defense Manual - Appeals against decisions in magistrates court Created page with '== General == All criminal appeals from the magistrates court are heard by the High Court. This applies whether the appeal is against conviction or conviction and sentence or se�'
- 11:17, 14 April 2010 diff hist +4,239 N Zimbabwe Criminal Defense Manual - Record of Proceedings Created page with '== Full record == Where there is no mechanical recorder for recording the evidence, the sitting judicial officer has to keep a full handwritten record of the proceedings. He mus�'
- 11:09, 14 April 2010 diff hist +407 N Change of plea after verdict and sentence (Zimbabwe) Created page with 'If a person has been convicted and sentenced and then wishes to change his plea on the basis that he had been unduly influenced by the police to plead guilty, he should make such�'
- 11:09, 14 April 2010 diff hist +828 N Subsequent amendment of sentence (Zimbabwe) Created page with 'In terms of s 201(2) CPEA, when a wrong sentence is mistakenly handed down, it may be amended before or immediately after it has been recorded. For example, if the judicial off�'
- 11:08, 14 April 2010 diff hist +1,885 N Referral from Magistrates court to High court for sentence (Zimbabwe) Created page with 'When a magistrate is of the opinion that the appropriate sentence which is warranted in the case he is trying is beyond his sentencing jurisdiction, he can refer the case to the �'
- 11:07, 14 April 2010 diff hist +140 N Public announcement of sentence (Zimbabwe) Created page with 'In terms of s 334(1) of CPEA all sentences in criminal proceedings against persons aged eighteen or above shall be pronounced in open court.'
- 11:07, 14 April 2010 diff hist +675 Reasons for sentence (Zimbabwe)
- 11:06, 14 April 2010 diff hist 0 Zimbabwe Criminal Defense Manual - Sentence
- 11:05, 14 April 2010 diff hist +2,617 N Passing of sentence (Zimbabwe) Created page with 'The sentencing process should be a rational and objective process and judicial officers are not expected to allow their emotions to cloud their judgment as to what is a suitable �'
- 11:05, 14 April 2010 diff hist +57 Zimbabwe Criminal Defense Manual - Sentence
- 11:04, 14 April 2010 diff hist -2,617 Reasons for sentence (Zimbabwe) Blanked the page
- 11:04, 14 April 2010 diff hist +2,617 N Reasons for sentence (Zimbabwe) Created page with 'The sentencing process should be a rational and objective process and judicial officers are not expected to allow their emotions to cloud their judgment as to what is a suitable �'
- 11:04, 14 April 2010 diff hist +3,516 N Forfeiture of items used in connection with crimes (Zimbabwe) Created page with ' In terms of s 62 CPEA the court is given the discretion to order the forfeiture of certain items which have been used in connection with criminal activity. This discretion lies �'
- 11:03, 14 April 2010 diff hist +904 N Suspended sentences (Zimbabwe) Created page with 'The courts have repeatedly pointed out that the condition on which sentence is suspended must be reasonably capable of fulfilment otherwise it is incompetent and provides a basi�'
- 11:02, 14 April 2010 diff hist +57 Zimbabwe Criminal Defense Manual - Sentence
- 11:00, 14 April 2010 diff hist +5,751 N Effect of sentence on delay in trial or hearing appeal (Zimbabwe) Created page with ' == Delay in bringing to trial == In Dube & Anor 1989 (3) ZLR 245 (S) the court said that for justice to be seen to be done, the machinery of justice, as it grinds through polic�'
- 10:59, 14 April 2010 diff hist +19,062 N Mandatory minimum sentence- special circumstances and reasons (Zimbabwe) Created page with 'Sometimes the legislature sees fit to prescribe minimum sentences for particular offences. It will do this in respect of crimes which are prevalent and are causing serious econom�'
- 10:50, 14 April 2010 diff hist +8 Useful cases on sentence (Zimbabwe)
- 10:49, 14 April 2010 diff hist +7,723 N Useful cases on sentence (Zimbabwe) Created page with 'The following cases are useful for defence lawyers when arguing on the matter of sentence: == Fine == A fine must be a real option and not be excessive: Kunesu & Ors 1993 (2) Z�'
- 10:48, 14 April 2010 diff hist +2,449 N Particular aspects of sentencing (Zimbabwe) Created page with 'When difficult specific issues on sentencing arise reference should be made to A Guide to Sentencing in Zimbabwe by G. Feltoe published by the Legal Resources Foundation in 1990.�'
- 10:47, 14 April 2010 diff hist +1,176 N Aggravated features (Zimbabwe) Created page with 'If the prosecutor wishes to do so, he may address the court to draw attention to the aggravating features of the case and to make submissions as to the appropriate sentence in th�'
- 10:46, 14 April 2010 diff hist +10,019 N Extenuation in murder cases (Zimbabwe) Created page with ' == Persons upon whom will be imposed == In Zimbabwe, unless X is a pregnant woman or is under sixteen, the court must impose the death sentence upon a person found guilty of mu�'
- 10:44, 14 April 2010 diff hist +5,876 N Mitigation (Zimbabwe) Created page with ' == General == X's defence counsel has a right to present evidence and to address in mitigation of sentence. The defence will be given considerable latitude in adducing such e�'
- 10:42, 14 April 2010 diff hist +777 N Evidence on Sentence (Zimbabwe) Created page with 'Section 334(3) CPEA sets out the types of evidence and information which the court may receive for the purpose of informing itself as to the proper sentence to be passed. This in�'
- 10:41, 14 April 2010 diff hist +1,026 N Proof of previous convictions (Zimbabwe) Created page with 'After conviction the prosecutor will state whether the person convicted has any previous convictions. If he has, the onus is on the State to prove these. It is the responsibility�'
- 10:41, 14 April 2010 diff hist -9 Zimbabwe Criminal Defense Manual - Sentence
- 10:40, 14 April 2010 diff hist +1,110 N General factors (Zimbabwe) Created page with 'Defence counsel should obviously be aware of the sort of factors that the court will take into account when determining sentence. These have been set out in a number of cases. Fo�'
- 10:37, 14 April 2010 diff hist +724 Zimbabwe Criminal Defense Manual - Sentence
- 10:32, 14 April 2010 diff hist 0 m Retrieval of bail after acquittal (Zimbabwe) moved Retrieval of bail after acquittal to Retrieval of bail after acquittal (Zimbabwe)
- 10:32, 14 April 2010 diff hist +58 N Retrieval of bail after acquittal moved Retrieval of bail after acquittal to Retrieval of bail after acquittal (Zimbabwe) current
- 10:32, 14 April 2010 diff hist 0 m Subsequent facts establishing innocence (Zimbabwe) moved Subsequent facts establishing innocence to Subsequent facts establishing innocence (Zimbabwe)
- 10:32, 14 April 2010 diff hist +64 N Subsequent facts establishing innocence moved Subsequent facts establishing innocence to Subsequent facts establishing innocence (Zimbabwe) current
- 10:31, 14 April 2010 diff hist +73 N Change of Plea after verdict but before Sentence moved Change of Plea after verdict but before Sentence to Change of Plea after verdict but before Sentence (Zimbabwe) current