The above matters were heard by different magistrates at Epworth Magistrates Court. A worrying pattern runs across all of them. The problems in all of them relate to the imposition of the sentence of community service. They include the key considerations which must be taken into account, the procedural prerequisites, the calculation of community service hours and the period within which the offender should perform it. The records were referred to this court on automatic review. As a result, I have decided to address the three matters in a composite review judgment. More
The record of proceedings in this case was placed before me on review in terms of s 57 (1) (a) of the Magistrates Court Act [Chapter 7:10]. The record shows that the accused appeared before the local resident magistrate at Mutawatawa, Uzumba Maramba Pfungwe on 27 April, 2018 facing two charges of assault.
On the first count, the accused was charged with assault as defined in s 89 (1) (a) of the Criminal Law Codification and Reform Act [Chapter 9:23]. The charge alleged that the accused unlawfully assaulted the complainant at Chivore business centre, Uzumba, on 18 April, 2018 at... More
The late conclusion of the trial in this matter resulted from the indisposition of one of the members of the court being assessor Mr Musengezi. The accused has after being notified of the continued indisposition of the assessor agreed that the trial proceeds with one assessor, Mr Mhandu. This procedure is provided for in s 8 of the High Court Act [Chapter 7:06]. It is recorded that at the time that the assessor Mr Musengezi became undisposed, the case was at judgment stage. This is the judgment of the two-member court. More
The applicant, a 32 year-old male inmate lodged at Bindura Prison was charged with the offence of escaping from lawful custody in contravention of section 185 (1) (b) of The Criminal Law (Codification & Reform) Act [Chapter 9.23].
The summarised facts of the matter as outlined in the prosecution’s papers were that on 16 September 2021, around 11p.m at Bindura Prison, the applicant who was in self isolation after testing positive for the infamous COVID-19 virus, set in motion a plan to escape from prison. He compressed the iron sheets used to construct the cell he was housed in, in... More
The above record was referred to the Registrar for placement before a judge following a query raised by the scrutinizing magistrate on the impropriety of how the trial magistrate formulated the sentence imposed on the accused following the accused’s conviction. More
