S v WOODS & ORS 1993 (2) ZLR 258 (S)

1993 (2) ZLR p258

Flynote

Constitution — s 13(3) — effect of blatant refusal by police to allow access by detained person to his legal practitioner

Criminal law — conspiracy to murder — significant aid given to principal offenders by accomplices — steps required in order for accomplices to dissociate from crime

Criminal law — murder — intent — constructive intent — person other than intended victim being killed by bomb

Criminal law — conspiracy to kill — person dying in the attack not person whom had planned to kill — whether constructive intent to kill deceased

Criminal procedure (sentence) — death sentence — statement made in answer to allocutus — whether such statement can be taken into account by trial or appeal court in deciding whether extenuating circumstances exist

Evidence — extra-curial statement — confirmed statement — challenge to propriety of confirmation proceedings where nothing in record of proceedings evidencing impropriety — onus where accused raises potentially sustainable challenge to admissibility of confirmed statement

Evidence — extra-curial statement — admissibility — undue influence — denial of access to legal practitioner