S v SIBANDA 2005 (2) ZLR 117 (H)

2005 (2) ZLR 117

Flynote

Criminal procedure — trial — completion of — when trial completed — murder case — verdict of guilty — trial complete only after determination of whether extenuating circumstances exist — judge cannot determine the question of extenuation without the assessors — unavailability of trial judge — trial must be considered a nullity — the trial must be commenced de novo before another judge

Criminal procedure (sentence) — common law crimes — murder — extenuating circumstances — finding of — such finding part of verdict, not of sentencing process — unavailability of trial judge — not permissible for another judge to determine the question of extenuation