S v DEHWE 1987 (2) ZLR 231 (S)

Flynote

Criminal procedure — murder trial — plea of "not guilty" should be entered, irrespective of what accused says — accused convicted and sentenced to death without viva voce evidence being led — importance of viva voce evidence in murder trials to establish accused's intent.

Headnote

In a murder trial, the established practice in Zimbabwe, which must be followed, is for the court to enter a plea of not guilty, even if the accused actually pleads guilty.

Where the trial court had entered a plea of not guilty, but had convicted the appellant of murder with actual intent, with no extenuating circumstances, and sentenced him to death on the basis of documentary admissions and a confession, without any viva voce evidence having been led at all, Held, that in the circumstances he had not had a fair trial and the conviction and sentence should be set aside, leaving the State to re-indict him if so advised.

Held, further, that it is of particular importance, in deciding the question of intention in murder cases, that the court should hear evidence.