This record of proceedings was submitted for review by the Chief Magistrate on 29 May 2007. On 31 May 2007, Messrs Hungwe and Partners, acting for the accused person, also wrote to the Registrar seeking the urgent review of this matter. More
This matter was dealt with on 7 June 2023 and the accused was released on a warrant of liberation on the 23 June 2023 on the basis of a review minute that I prepared. However given the facts of the matter I felt compelled to write this judgment despite the passage of time. More
Maxim Matsetu who I will in this judgment call the convicted person appeared before a senior Magistrate at Mbare magistrate’s Court charged with the contravention of s 49 (1) (a) of the Criminal Law (Codification and Reform) Act [Cap 9;23] (culpable homicide). He pleaded guilty and was convicted on his own plea. He was sentenced to 6 months imprisonment of which 2 months were suspended on conditions of good behaviour. More
At the end of a criminal trial the court makes up its mind as to whether the State has proved its case against the accused beyond reasonable doubt and that is what is normally contained in a judgment (See G Feltoe’s Magistrates’ Handbook Revised Edition 2021 at p 345). This implies a reasoned judgment. In this case, however, we acquitted the accused persons when, after a protracted trial when the Prosecutor General threw in the towel and exercised his prerogative to stop the prosecution in terms s 8(2) of the Criminal Procedure and Evidence Act [Chapter 9.07]. We gave our... More
Christopher Ndlovu who I will in this judgment refer to as the convicted person appeared before a regional magistrate sitting at Mutare Magistrate’s Court, charged with the contravention of s 184 of the Criminal Law (Codification and reform Act [Cap9:23] (defeating the course of justice) and alternatively s180 of the Code (giving false information to the court). He was jointly charged with a co-accused whose fate is not under consideration in this review judgment. The convicted person pleaded not guilty, but was convicted after a trial. It is however not clear as to whether he was convicted on the main... More
