The charge is founded on an act that was repealed before the plea Judgment cannot be arrested on the ground that: The evidence does not support the charge There was a procedural irregularity during the trial If the court decides in favour of the accused, he shall be discharged from that information. THE TRIAL IN DETAIL MENTAL DISABILITY accused person must plead when charge is read where unable to respond must find out why section 160 CPC court must inquire into where issue of failure to plead by reason of unsoundness of mind or disability arises THE PEOPLE v MUSITINI 1975 ZR 53 the court should immediately enquire when the issue of whether accused is capable of making a defence section 161 CPC this may include medical examination enters plea of not guilty where finds that not able to make defence THE PEOPLE v MWABA 1973 ZR 271 whether a person can make a defence should be dealt with as soon as it arises from any person including a medical expert THE PEOPLE v BANDA 1972 ZR 307 in the inquiry the court needs to find out whether is capable of making a defence or whether he was insane at the commission of the crime trial proceeds at end of trial acquits if no evidence-161(2)(a) CPC called upon to give defence MWABA CASE
The charge is founded on an act that was repealed before the plea Judgment cannot be arrested on the ground that: The evidence does not support the charge There was a procedural irregularity during the trial If the court decides in favour of the accused, he shall be discharged from that information. THE TRIAL IN DETAIL MENTAL DISABILITY accused person must plead when charge is read where unable to respond must find out why section 160 CPC court must inquire into where issue of failure to plead by reason of unsoundness of mind or disability arises THE PEOPLE v MUSITINI 1975 ZR 53 the court should immediately enquire when the issue of whether accused is capable of making a defence section 161 CPC this may include medical examination enters plea of not guilty where finds that not able to make defence THE PEOPLE v MWABA 1973 ZR 271 whether a person can make a defence should be dealt with as soon as it arises from any person including a medical expert THE PEOPLE v BANDA 1972 ZR 307 in the inquiry the court needs to find out whether is capable of making a defence or whether he was insane at the commission of the crime trial proceeds at end of trial acquits if no evidence-161(2)(a) CPC called upon to give defence MWABA CASE