It is this court’s duty in reviewing matters which come on automatic review as per its mandate in terms of s 70(5)(a) of the Constitution of Zimbabwe and s 57(1) of the Magistrates Court Act [Chapter 7:10] and s 29 of the High Court Act [Chapter 7:06] to consider among other things the justifiability of the sentence imposed on an unrepresented accused person. This duty has to be taken seriously. This ensures that despite lack of legal representation an accused is treated fairly. The procedure provides a safeguard against arbitrariness and in certain circumstances abuse of power. More
Godknows Tafadzwa Ringoziva (hereinafter referred to as the accused) appeared before us charged with the crime of murder as defined in Section 47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The state alleged that on 14 January 2023 and at Kanengoni Village, Chambare, Manyene under Chief Chinyoka in Featherstone, the accused person unlawfully and with intent to kill or realizing that there was a real risk or possibility that death might occur assaulted Mary Mubata (herein after referred to as the deceased) a nonagenarian aged ninety-three years (93) by kicking her all over the body and... More
The record of proceedings in this case was placed before me accompanied by a minute from the scrutinising regional magistrate at Harare. The accused was charged with the offence of culpable homicide in contravention of s 49 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was convicted on his own plea of guilty and sentenced as follows: More
Following the passing of sentence in this case whose judgment is now unreported under case no HH 458/18, the accused’s counsel Mr Rubaya advised the court that he had instructions to make an application for leave to appeal. An application for leave to appeal is made in terms of order 34 of the High Court Civil Rules. The application by Mr Rubaya was being made pursuant to r 262 in terms of which the convict makes an oral application immediately after sentence for leave to appeal. The grounds for making the application should be stated and recorded as part of... More
: The accused pleaded not guilty to the charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act [ Chapter 9:23] (the Criminal Law code). The deceased was her husband of 2 years and they had one child together. More
