The accused persons Erizah Zinaka and Nyashadzashe Shanapinuka who were initially facing a charge of murder pleaded guilty to culpable homicide. This was after the State agreed to amending the original charge to reflect the lesser offence following consultations with the accused persons’ defence counsel. More
A grave injustice occurred in this case. This is because as at the time of reviewing this matter the accused had already been punished. This is despite the fact that legally he did not commit the offence that was preferred against him on account of muddled charge and facts. Being a juvenile, the accused person was sentenced to receive two strokes with a rattan cane. More
It is often tempting for some magistrates to jump at the opportunity to adopt the plea procedure provided for by s 271(2)(b) of the Criminal Procedure & Evidence Act (“the CP&E Act”) at the slightest indication by an accused person that he may be admitting to the offence. This is so especially considering the heavy workloads magistrates have to deal with each day. When such opportunity to quickly ‘finalise’ a matter arises, itbecomes appealing to adopt the procedure. More
The two accused persons, accused one and accused four, have been convicted of unlawful into premises inaggravating circumstances as defined in s 131(1) and (2) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] and one count of murder as defined in s 47(1)(a) of the same Act.
In respect of count one, the Act provides for a penalty of imprisonment for a period not exceeding fifteen years. In the case of count two the Act in s 47(4)(a) provides for sentence of death, imprisonment for life or imprisonment for any definite period of not less than twenty years,... More
