This matter was referred to me by the scrutinising Senior Regional Magistrate for the Eastern Division who felt that it needed urgent attention as there was a likelihood of a grave injustice occurring given that the accused person had been given an unjustified term of imprisonment. More
The accused has been arraigned on a charge of the crime of conspiracy to commit murder as defined in section 188 (1) as read with Section 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] in that on the 30th day of May 2017 and at Dirozvi Meeting Place Lodges Chivhu the accused person unlawfully and intentionally entered into an agreement with Obert Juru for the killing of Makanaka Vhutani intending by the agreement to bring about the commission of murder or realising that there was a real risk or possibility that the agreement may bring about the... More
On 6 February 2022, Tatenda Manyani a twenty-two year old young man, (herein after referred to as “the accused”), allegedly brutally attacked Emmanuel Choponyera (herein after referred to as “the deceased) at Cornerstone Junior school in Nyatsime Chitungwiza. The accused is alleged to have used booted feet and other unknown objects to indiscriminately assault the deceased. He also dragged him along a paved road. The assault resulted in fatal injuries. Following that violence, Tatenda Manyani was dragged before us, to answer to a charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act [Chapter... More
The two accused appeared before us charged with the offence of murder as defined in section 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (hereinafter referred to as “the Code.”) the State alleged that on 25 January 2021 at around 4:00 a.m., Tatenda Ringson Anoki (the deceased) unlawfully entered into and stole from a shop that was manned by Tatenda Migeri (hereinafter referred to as the “1st accused”.) He was caught in the act by the 1st accused who called upon Cornius Kamutongo (hereinafter referred to as the “2nd accused)” for assistance. The two accused took turns... More
This record was placed before me with the Regional Magistrate’s comments as follows:-
“The accused was sentenced to pay a fine for US$100-00 or in default of payment 6 months imprisonment
I queried the apparent mismatch between the fine of $100-00 and the alternative term of imprisonment.
The trial magistrate concedes that the length of the alternative period of imprisonment is inordinate
The record is submitted to his/her Lordship for attention”. More
