S v GORE 1999 (1) ZLR 177 (H)

1999 (1) ZLR p177

Flynote

Criminal procedure — admission of guilt form — constitutes previous conviction — signing by proxy — not permitted

Criminal procedure — plea — guilty — sentence of imprisonment without option of fine for offence — mandatory for magistrate to record his explanation of essential elements and accused's admission to facts and essential elements — failure to do this constitutes an irregularity — whether such irregularity always amounts to substantial miscarriage of justice leading to quashing of conviction

Criminal procedure (sentence) — driving offences — persistent speeding violations — whether imprisonment of offender appropriate — whether should be imprisoned before first giving warning that such sentence will be imposed for next offence