: This is a case of fratricide. The accused is Kudzanayi Luvin Mandeya. He is aged 21 years. He stands charged of the murder of his young brother Luwi Mandeya (hereinafter called the “the deceased”). The deceased was aged 15years at the time of his death. The details of the charge were that, on 15 March, 2019, at Mapfumo Village, Chikwaka Juru, the accused unlawfully assaulted the deceased with a log several times on the head intending to kill the deceased or if not acting with intent to kill, the accused acted with a realization of the real risk of... More
The accused was convicted by the magistrate at Kadoma on two counts of theft as defined in s 113 of the Criminal Law (Codification & Reform) Act, [Chapter 9:23]
On 15 March 2021. It was alleged that on 24 February 2021, the accused stole two cell phones from two different patrons who were revelling at Nyamuziwa Night Club at Patchway, Kadoma. From one of two complainants, the accused additionally stole a tracksuit jacket. The accused was sentenced to 8 months imprisonment of which 2 months was suspended for 5 years on the usual condition of good behaviour leaving 6 months... More
The accused stands convicted of the offence of murder. In this case, the court’s finding during judgment was that the accused proceeded to the deceased’s homestead. He unlawfully entered into her dwelling house for purposes of stealing. That on its own constitutes an aggravating circumstance. In addition the evidence before the court is that the deceased was well over 70 years. The deceased’s son testified in court that the she was over 70 years. The doctor who conducted the post mortem indicated in the autopsy report that the deceased was 73 years old. Once more that brings the crime into... More
The offender was initially jointly charged with one Takemore Chipura. At the close of the trial the court reserved its judgment. Takemore Chipura took that opportunity to abscond. He is a fugitive from justice. The offender who stands convicted of the murder of Garikai Chiwaridzo (the deceased) remained to face justice. The brief facts on which he was convicted are that together with his fugitive accomplice, they brutally attacked the deceased on the night of 25 November 2019 at 007 Hideout Nite Club in Glendale. The offender held the deceased with his hands helplessly pinned to his back. It gave... More
This matter was placed before me for review. The scrutinising magistrate’s comments show that the trial magistrate did not properly apply his mind during the trial. The following are the comments: -
“2. The accused was convicted after a full trial on a charge of theft as defined in Section 113 (1) (a) and (b) of the Criminal Law Code. I raised a number of queries with the trial magistrate and he conceded that he erred in most instances.
3. The accused entered his sister’s bedroom through the ceiling because the door was locked and US$10 belonging to his sister... More
