Difference between revisions of "Suspended sentences (Zimbabwe)"
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If the court proposes to suspend a sentence of imprisonment - for example, on condition that the accused makes restitution - there must be a real likelihood that the condition is reasonably capable of fulfilment; for otherwise the object of the condition, namely, to keep the accused out of prison or to reduce the length of the prison term imposed and to compensate the complainant, could be defeated. The offender will then serve imprisonment on account of his poverty and not because of any mala fides or negligence on his part. If the offender is unlikely to be able to meet the condition, then the condition should not be imposed: : Mukura & Ors HH-20-03. | If the court proposes to suspend a sentence of imprisonment - for example, on condition that the accused makes restitution - there must be a real likelihood that the condition is reasonably capable of fulfilment; for otherwise the object of the condition, namely, to keep the accused out of prison or to reduce the length of the prison term imposed and to compensate the complainant, could be defeated. The offender will then serve imprisonment on account of his poverty and not because of any mala fides or negligence on his part. If the offender is unlikely to be able to meet the condition, then the condition should not be imposed: : Mukura & Ors HH-20-03. | ||
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| + | == Zimbabwe Criminal Defense Manual == | ||
| + | '''Table of Contents''' | ||
| + | * [[Introduction (Zimbabwe)| Introduction]] | ||
| + | * [[Defense Lawyer's Role and Responsibilities (Zimbabwe)|Defense Lawyer's Role and Responsibilities]] | ||
| + | * [[Pre-Trial Matters (Zimbabwe)|Pre-Trial Matters]] | ||
| + | * [[Jurisdiction of Courts (Zimbabwe)|Jurisdiction of Courts]] | ||
| + | * [[Preparing for Trial (Zimbabwe)| Preparing for Trial]] | ||
| + | * [[Trial (Zimbabwe)|Trials]] | ||
| + | * [[Rules of Evidence (Zimbabwe)| Rules of Evidence]] | ||
| + | * [[Criminal Law Code (Zimbabwe)| Criminal Law Code]] | ||
| + | * [[Verdict (Zimbabwe)|Verdict]] | ||
| + | * [[Sentence (Zimbabwe)|Sentence]] | ||
| + | * [[Record of Proceedings (Zimbabwe)|Record of Proceedings]] | ||
| + | * [[Appeals (Zimbabwe)|Appeals]] | ||
| + | * [[Automatic Review and Scrutiny (Zimbabwe)| Automatic Review and Scrutiny]] | ||
| + | * [[Miscellaneous Matters (Zimbabwe)|Miscellaneous Matters]] | ||
Revision as of 16:09, 28 May 2010
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 basis for attack before a superior court: Mukura & Ors HH-20-03.
If the court proposes to suspend a sentence of imprisonment - for example, on condition that the accused makes restitution - there must be a real likelihood that the condition is reasonably capable of fulfilment; for otherwise the object of the condition, namely, to keep the accused out of prison or to reduce the length of the prison term imposed and to compensate the complainant, could be defeated. The offender will then serve imprisonment on account of his poverty and not because of any mala fides or negligence on his part. If the offender is unlikely to be able to meet the condition, then the condition should not be imposed: : Mukura & Ors HH-20-03.
Zimbabwe Criminal Defense Manual
Table of Contents
