These two matters are dealt with at the same time because they both raise issues that emanate from the misapplication by the trial courts of the provisions of the Stock Theft Amendment Act 6 of 2004 which came into operation on 27 August 2004. More
The record of proceedings in this matter has been placed before me on review in terms of s 59 of the Magistrates Court Act [Chapter 7:10]. The accused a 32 years old first offender pleaded guilty to two charges. In count 1, it was alleged that on 2 January, 2018, along Chivhu –Nyazura road, he drove a commuter omnibus without being the holder of a licence in contravention of s 6 (1) of the Road Traffic Act. [Chapter 13:11]. The charge should for clarity be framed as “contravening s 6 (1) as read with the proviso to s 6 (5)... More
The accused was convicted of stock theft as defined in s114 (2) (a) of the Criminal Law Codification and Reform Act , by the trial Magistrate at Mutoko Magistrates. More
Justin Tenha (herein after referred to as “the accused”), appeared before us charged with the crime of Murder in contravention of s 47(1) of the Criminal Law (Codification and Reform) Act [Chapter9.23] (hereinafter referred to as “the Code”). Prosecution allegedthat on 9 September 2020 he struck Tendai Kanjanda (hereinafter referred to as” the deceased”) with logs and stones. The attack caused mortal wounds. More
The accused stands convicted on his own plea of guilty to a charge of culpable homicide. He initially pleaded not guilty to a charge of murder that was later reduced to the lesser charge of culpable homicide with the consent of the State. More
