The five accused persons appeared before us facing a charge of murder in contravention of s47 of the Criminal Law Codification and Reform Act (Chapter 9:23). When the trial commenced the 3rd accused absconded and the trial proceeded against the 1st ,2nd,4th and 5th accused persons after a separation of trials. The state alleged that in the early hours of the 16th of December 2019 and at Plot 27 Temperly Farm, Murereka, Chinhoyi the accused persons acting in common purpose shot Reginaty Kagondo in the course of a robbery intending to kill her or realising that there was a real... More
When the accused persons appeared before the court our attention was drawn to an irregularity by the State. The irregularity was not denied by the State. It is this. The 1st accused was granted bail pending trial and has been out of custody .It was one of his bail conditions that he reportsat ZRP Rimuka every Friday. He initially reported for some time and later defaulted. However he continued to appear before the remand court. More
The accused was convicted of escaping from lawful custody as defined in s185 (1) b of the Criminal Law Codification and Reform Act [Chapter 9:23]‘the Criminal Code’. He had a previous conviction of unlawful entry into premises in contravention of s131 of the Criminal Code, for which a portion of imprisonment was suspended on condition that the accused did not commit any offence involving dishonesty during the period of suspension, When the Court convicted him of escaping from lawful custody, it brought into effect the suspended sentence. This was a misdirection. More
Initially the accused, Faithfully Khumalo had been jointly charged with her husband Fredrick Mucharaga, on the charge of murdering her eleven-year- old son, Anele Khumalo. The husband is reportedly critically ill and bedridden. He therefore, was not able to stand trial. An application in terms of s190 of the Criminal Procedure Evidence and Reform Act Chapter 9:07, to amend pleadings and file those reflecting only the accused was made and granted. She was charged with murder as defined in s47 (1) of the Criminal Law Codification and Reform Act Chapter 9:23. She pleaded not guilty to the charge. More
