S v ZARANYIKA 1997 (1) ZLR 539 (H)

1997 (1) ZLR p539

Flynote

Criminal procedure — trial — conduct of — rape cases — need to ensure that rules of procedure and evidence followed carefully, particularly in view of prevalence of the offence and public indignation and demand for severe punishments

Criminal procedure — trial — conduct of — unrepresented accused — duty on court to explain rights and proceedings to accused

Evidence — extra-curial statements by accused — when admissible — undue influence — what is

Evidence — sexual offences — cautionary rule — need to observe — witness a very young child — requirement for greater caution

Evidence — sexual offences — complaint — when admissible — complaint induced by threats or questioning — effect

Evidence — witness — child — admonition of — need for court to ensure that child understands difference between truth and falsehood and admonition to tell the truth — inadmissibility of child's evidence unless court satisfied that child has that understanding

Evidence — witness — exclusion from court before giving evidence — court's duty to explain to unrepresented accused need for witnesses to be excluded

1997 (1) ZLR p540