Difference between revisions of "Subsequent amendment of sentence (Zimbabwe)"

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A judicial officer can only amend the sentence if the mistake was his own. He cannot amend the sentence if the mistake was that of the prosecutor: Mamwere 1978 RLR 374 (GD).
 
A judicial officer can only amend the sentence if the mistake was his own. He cannot amend the sentence if the mistake was that of the prosecutor: Mamwere 1978 RLR 374 (GD).
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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 15:20, 28 May 2010

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 officer intended to impose a sentence of six weeks' imprisonment and he discovers immediately afterwards that he erroneously recorded a sentence of six months' imprisonment, he may correct the record accordingly: Sikumbuzo 1967 (4) SA 602 (RA); Chikumbirike HH-307-84; Nyamufarira HH-335-83.

Where the error is only discovered some time after the sentence was recorded by a magistrate, the magistrate should refer the matter to a judge for amendment: Ncube & Ors HB-150-88.

A judicial officer can only amend the sentence if the mistake was his own. He cannot amend the sentence if the mistake was that of the prosecutor: Mamwere 1978 RLR 374 (GD).

Zimbabwe Criminal Defense Manual

Table of Contents