This record of proceedings was placed before me on automatic review in terms of s 57 of the Magistrates Court Act [Chapter 7:10]. The accused was charged with and convicted of four counts of unlawful entry into premises. The circumstances were that he had on 27February 2022 at Murehwa Mission, broken and entered into a dormitory which housed four school girls. Whilst inside he had proceeded to steal four satchels, a juice bottle, a mathematical set and a calculator all valued at ZW$10 200 belonging to each of the school girls namely Yeukai, Bliss, Tanatswa and Rutendo. He made good... More
The appellant appeared before the defined court at Kadoma charged with the crime of Rape as defined in s 65 (1) 9 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] in that on the 31st December 2016, at Collingdale Village Kadoma he had unlawful sexual intercourse with a named adult woman without her consent. The complainant was the appellant’s wife’s young sister and she was visitor at appellant’s homestead when the incident took place. The appellant pleaded not guilty and the matter proceeded to trial. His defence was that the sexual intercourse was consensual. He said the he... More
The present review judgment deals with the issue of whether s114 (2)(a) of the Criminal Law (Codification and Reform) Act [Cap 9:23] has retrospective effect. The section first appeared in the present format as s 12A of the Stock Theft Act [Cap 9:18] before the Stock Act was repealed by the Criminal Law (Codification and Reform) Act, supra, on 23 June 2006. The repealed statute reintroduced the mandatory minimum penalty of not less than 9 years but not more than 25 years imprisonment for the theft of bovine or equine animals. More
The accused was charged with
1. Murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]
2. Defeating or obstructing the course of justice as defined in s 184 (1) (a) of the Criminal (Codification and Reform) Act [Chapter 9:23]
OR
Alternatively
3. ARSON More
This is a case in which the accused was facing a charge of murder as defined in terms of s 47 of the Criminal Law (Codification and Reform Act [Chapter 9:23]. More