S v KATSIRU 2007 (1) ZLR 364 (H)

2007 (1) ZLR p364

Flynote

Appeal — criminal case — criminal appeal from magistrates court — notice of appeal — duty of trial magistrate to comment on matters raised in notice of appeal — not sufficient simply to adhere to decision without comment

Criminal procedure — evidence — degree of proof in criminal cases — proof beyond reasonable doubt — accused's version might reasonably be true — accused entitled to an acquittal

Criminal procedure — evidence — sexual offence — abandonment of cautionary rule — effect of — courts must exercise special care and diligence when presiding over sexual cases

Criminal procedure — prosecutor — concession by prosecutor — conviction of accused not supported by prosecutor — trial court not bound by concession — duty of trial court to give serious consideration to any such concession — effect of failure to do so

Criminal procedure (sentence) — general principles — public opinion — effect – basic tenets of justice and fairness must be upheld in the face of public outcry — duty of judicial officers not to become emotionally involved