All the three matters were dealt with by the same senior magistrate atChiredzi Magistrates Court after which they were referred to this court for automatic review.
I have decided to deal with all the three matters in a single review judgment in view of the fact that the charge involved in all the matters is the same, and the misdirection on the part of the trial magistrate is evident and common to all the three matters.
In all the three matters the accused persons were duly convicted after pleading guilty to contravening s 89 (1)(a) of the Criminal Law (Codification... More
Sibling tag teams are celebrated in sports like tennis, wrestling and football. Unfortunately they are also notorious in criminal enterprises. They become worse when brothers are alleged to have teamed up to cause the death of another person. That humans are mortal beings is unarguable but at times the way death comes about is unconscionable. The deceased in this case was celebrating Boxing Day in 2022 oblivious that it was the last he would enjoy. Prosecution alleges that he was attacked by the three accused persons Clever Mudzengerere, his sibling Trymore and their friend called Freddy Gireya. The reason why... More
The two accused persons appeared before the court of the provincial magistrate sitting at Masvingo. They faced two counts; first assault as defined in s 89 (1)(a) of the Criminal Law (Codification & Reform) Act [Cap 9:23] and second; malicious damage to property as defined in s 144 of the Criminal Law (Codification and Reform) Act [Cap 9:23]. The offences charged arise from the events which occurred at Plot 18 Southwill Farm, just outside Masvingo town on 7 June 2010. The two denied both charges. After a trial they were both convicted of both counts. More
It is often unconscionable how love, one of the most basic human instincts often leads to tragedies. Collen TinasheJamu, (hereinafter the accused) an unassuming young man was arraigned before this court for the macabre and movie-like murder of his estranged girlfriend. The allegations were that on17 June 2015at house number 2330 Glen Norah A in Harare, the accused struck Mitchel Chipere(hereinafter the deceased) with a metal hoe intending to kill her or realising that there was a real risk or possibility that his conduct could cause the death of Mitchel Chipere. Despite that risk he persisted with his conduct. The... More
The record of proceedings was placed before me on 22 March 2021 for review with a cover note by the trial magistrate.
The substance of the trial magistrate’s concern is as follows. The three accused persons appeared before the trial court charged with two counts of contravening section 182 (1) (a) and section 47 (1) (e) of the Customs and Excise Act [Chapter 23:02] respectively. On the first count the accused allegedly smuggled 180kgs of secondhand clothes, 22kgs of new clothing and 6kgs of new underwear. On the second count they imported prohibited goods. The state withdrew charges against accused... More
