Accused was subsequently arrested and brought before this court for the murder trial. The summarized facts are that the accused was seen by two of the State witnesses who attested orally in court arriving at Seaways Night Club, the scene of crime. The first witness Josephine Danken, the then bar tender testified that when the accused arrived at the joint in the early hours of the morning, he and his colleagues caused a pandemonium in the bar. They forcibly retrieved a US$5.00 note from the bar lady after demanding free beer from the patrons. They then started assaulting the other... More
The accused was convicted on a charge of removal of an animal from one place to another in contravention of s59 of the Parks and Wildlife Act (Chapter 20:14). He was sentenced to 12 months imprisonment of which 6 months was conditionally suspended for 5 years. A further 3 months imprisonment was suspended on condition of restitution. Effective sentence 3 months imprisonment. More
This is a criminal appeal wherein the accused person was charged and convicted of contravening s185 (1) (b) of the Criminal Law (Codification and Reform Act [Chapter 9:23]. It is alleged that on the 20th of August 2022 whilst under prison officials’ custody, fetching firewood the accused unlawfully escaped from lawful custody. He disappeared into the nearby bush whilst in the company of his inmates and escaped. He was arrested on the same day at the nearby Shopping Centre. He was sentenced to 46 months, with 12 months wholly suspended for 5 years on condition of good behavior. He is... More
In this review judgment, I decided to write a single judgment since the same Magistrate dealt with the matter, the accused face the same offence and the same misdirection is evident from the proceedings. In sentencing the accused persons the learned Magistrate exceeded her jurisdiction.
Under case number CHN 1547/22 the accused was convicted on two counts of domestic violence in contravention of s4 as read with section 3 of the Domestic Violence Act (Chapter 5:16). On the first count he was sentenced to pay a fine of ZWL $50 000 in default of payment 3 months imprisonment. In addition... More
This matter proceeded as a stated case. The defence had brokered a limited plea which the State accepted. The plea bargaining reduced the charge of murder to culpable homicide. The court found the plea bargaining proper as the State did not have any eye witness to the offence. More
