The applicant who faces three counts of murder and one of attempted murder sought bail. The three people shot to death were all members of his employee’s family in particular the employee’s wife and two minor children. What triggered the shootings was some missing grain which the applicant suspected his worker to have stolen. I denied applicant bail and provided oral reasons which I said I would reduce to writing. More
The accused was charged with murder as defined in s 47(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] it being alleged that on 23 December 2016 at Gute Nite Club Ziko Dema the accused unlawfully and intentionally caused the death of Benjamin Chandimhara by strangulating the deceased with a shoe lace. More
The two cases under review, illustrate once again that the tribulation of minimum mandatory sentencing will for a long time to come remain an albatross on the necks of judicial officers. No amount of criticism or demonstration of the inefficacy of minimum mandatory sentences appears to deter legislatures from prescribing the nadir of punishments which judicial officers can impose on certain types of offenders and offences. Arguments against mandatory sentencing abound. More
Laye Fode Kaba (the deceased) was a Guinea National who was residing in Mozambique but would frequent Zimbabwe to illegally deal in diamonds from Chiadzwa area. He was known to both accused and it is clear from the evidence led and accepted by the court that the deceased was very close to the accused persons whom he relied upon as his agents in the lucrative illegal diamond business. More
The six accused persons are charged with treason as defined in s 20 of the Criminal Law (Codification and Reform Act [Cap 9:23], alternatively contravening s 30 of the Criminal Law (Codification and Reform Act [Cap 9:23] that is to say, causing disaffection among the Police Force or Defence Force. More
