MANGOMA v THE STATE 2020 (1) ZLR 531 (S)

2020 (1) ZLR p531

Flynote

Appeal – criminal matter – accused's automatic right of appeal when death penalty imposed – National Prosecuting Authority – status of in criminal appeal – rights of – when exercised – requirement for Authority to follow normal rules of court – filing of heads of arguments – failure by Authority to file heads – matter heard as unopposed

Criminal procedure – confession – confirmation of extra-curial statements – purpose – procedure – statement not confirmed – impermissible to bring accused back to court with new statement and seek to have it confirmed – indications – admissibility and probative value of

Criminal procedure (sentence) – offences under Criminal Law Code – murder – death penalty – court's discretion to impose in aggravating circumstances – existence or absence of extenuating circumstances – no longer relevant

Legal practitioner – conduct and ethics – National Prosecuting Authority – bound by same rules of court as any other practitioners – unacceptable tardiness in filing heads of argument – matter heard without input of Authority