Applicant is jointly charged with another one Tawanda Handikanganwi Karase. The allegations are that they together with other accomplices still at large were involved in two counts of armed robbery at Kuwadzana 5 Shopping Centre and at Tichagarika Shopping Centre Glen View. More
This matter was placed before me for review. The trial Magistrate in the covering note indicated that he made an error in sentencing the accused, he exceeded the sentence provided for in the statute. More
The applicant who faces three counts of murder and one of attempted murder sought bail. The three people shot to death were all members of his employee’s family in particular the employee’s wife and two minor children. What triggered the shootings was some missing grain which the applicant suspected his worker to have stolen. I denied applicant bail and provided oral reasons which I said I would reduce to writing. More
The accused was charged with murder as defined in s 47(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] it being alleged that on 23 December 2016 at Gute Nite Club Ziko Dema the accused unlawfully and intentionally caused the death of Benjamin Chandimhara by strangulating the deceased with a shoe lace. More
The two cases under review, illustrate once again that the tribulation of minimum mandatory sentencing will for a long time to come remain an albatross on the necks of judicial officers. No amount of criticism or demonstration of the inefficacy of minimum mandatory sentences appears to deter legislatures from prescribing the nadir of punishments which judicial officers can impose on certain types of offenders and offences. Arguments against mandatory sentencing abound. More
