This is an appeal against sentence only.
Proceedings a quo
The appellants and one other were, on 31 May 2006, convicted of one count of robbery and six counts of rape.
Each was sentenced to 12 years imprisonment in respect of the robbery charge and to 10 years imprisonment on each of the six counts of rape. The court ordered that the sentence on the first three counts of rape was to run concurrently with the sentence imposed on the last three counts of that offence. The sentence concluded with these words:
“Of the total 72 years imprisonment, 12 years... More
This is an urgent chamber application in terms of which first applicant seeks the following relief per provisional order:-
TERMS OF FINAL ORDER SOUGHT
That you show cause to this Honourable Court why a final order should not be made in the following terms:
1. The respondents and all those acting through them be and are hereby barred from implementing second and third respondents’ decision of the 23rd of May 2017 against the applicants and accessing the applicants’ mining area pending the finalization of the review application filed by applicants under case no. HC 5172/17. More
MAVANGIRA J: The appellant was charged with two counts of attempted murder. He pleaded not guilty before the Acting Regional Magistrate at Harare but was convicted after a trial. In relation to the first count the allegation against the appellant was that he “attempted to cause the death of Constable Chimhungwe, Constable Chawapiwa, Tewende, Sergeant Maragedze and Sergeant Zhuwawo by intentionally driving straight towards them, realising that such action could cause the death of Constable Chimhungwe, Constable Chawapiwa, Tewende, Sergeant Maragedze and Sergeant Zhuwawo” (sic). In relation to the second count the allegation was that he attempted to cause the... More
The applicants were on 15 September, 2016 convicted on their own plea of guilty by the Regional magistrate sitting at Kadoma on a charge of assault and another of attempted murder as defined respectively in ss 89 and 47 (1) (b) as read with (1) (a) of the Criminal Law Codification Reform Act, [Chapter 9:23]. On the first count they were each sentenced to pay a fine of $100.00 in default 3 months. On the second count, they were each sentenced to 10 years imprisonment with 2 years suspended for 5 years on condition that they did not commit a... More