S v MUNEMO 1986 (2) ZLR 71 (S)

Flynote

Criminal procedure (sentence) — murder — extenuating circumstances — onus on accused — facts alleged by accused on which conviction based — whether must necessarily be accepted for purposes of extenuation.

Evidence — extra — curial statement — exculpatory portions — weight to be given for purposes of extenuation.

Headnote

A court convicting a person of murder on the basis, inter alia, of a confession by the accused is not necessarily bound by the exculpatory portions of that confession when considering the question of extenuation. The onus is on the accused to establish extenuating circumstances, and a version of facts accepted by the court as reasonably possible in convicting the accused may yet fall short of the requisite degree of proof insofar as the accused seeks to rely on the exculpatory portions thereof as extenuating circumstances.