It is now trite that a trial within a trial is a condition precedent to the production of an unconfirmed statement in criminal proceedings. Where the only evidence before a court is the statement made by the accused and the statement is objectionable, then the court has no option but to acquit the accused. In this case, despite the appellant’s defence outline wherein the appellants alleged that they were assaulted and forced to make indications. Despite that, the Court a quo accepted the statements and convicted the appellants based on the indications. This was a misdirection that vitiates the proceedings.... More
A seventeen-year-old teenager died of five gunshot wounds, one in the head, three in the thorax region and one on the thigh at the hands of the accused person on the 9th of May 2020 at house stand number 732 Rudland, Orange Groove Chinhoyi. An arrest was made close to five months later, on the 28th of September 2020 resulting in murder charges in contravention of section 47(1) of the Criminal Law Reform and Codification Act [Chapter 9:23] being preferred on the accused. Interestingly, bail was granted on the following day on initial remand. More
Innocent Bob had a fist fight with the deceased Isaac Tsingano in a night club on the night of the 9th of June 2022. Issac Tsingano later died on the 11th of July 2022 at Sally Mugabe Central Hospital. The cause of death as per the autopsy report, admitted into evidence as exhibit 2, was tripartite. It was stated as brain damage, brain abscess and head trauma. As a result, accused was arrested and charged with the murder of the deceased in terms of s47 (1) of the Criminal Law Codification and Reform Act [Chapter 9:23]. More
The accused was charged with the murder of Timoti Lunga his neighbour in contravention of s 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].It is alleged that on the 20th of June 2020 and at Matibilila Village, Chief Negande, Siakobvu, Kariba he unlawfully and with intent to kill, or realizing that there was a real risk or possibility that his conduct may cause death, continued despite the risk and struck the deceased with an iron bar several times on the head causing fatal injuries. The accused tendered a special plea of not guilty by reason of insanity. More
In this case a simple issue on who should keep the accused and the deceased’s sister’s medication led to a heated dispute which resulted in the death of the deceased. More
