This is an application by the accused for discharge at the close of the State’s case in terms of s 198(3) of the Criminal Procedure and Evidence Act (Chapter 9:07). The application relates to the charges in counts 2 and 3 and the alternatives and also to counts 4,5, 6 and 7. The accused pleaded guilty to, and was convicted of the charge in count 1, a contravention of the Citizenship of Zimbabwe Act [Chapter 4:01] on which he is still to be sentenced. More
This matter was placed before me on automatic review in terms of s 57 of the Magistrate Court Act [Chapter 7:10] as the unrepresented accused had been sentenced to a period in excess of twelve months imprisonment. More
On 1 November 2010 the accused and the deceased were drinking traditional beer at one Jestina Mutasa’s homestead at Munhungeyi Village, Chief Nhema, Zaka. The two had a misunderstanding which led the accused to fatally stab the deceased on the right side of the chest with an okhapi knife. More
The record of proceedings in this case is redolent of irregularities. These are they:
1. The accused was arraigned before a provincial magistrate (G.Gogo) sitting at Bikita facing a charge of contravening s 114 of the Criminal Law (Codification and Reform) Act, [Cap 9:23] on 27 September 2011, it being alleged that he had stolen two head of cattle. More
The respondents were placed on remand on charges of public violence as defined in s 36 of the Criminal Law (Codification and Reform) Act. [Cap 9:23]. The magistrate at Nyanga, before whom they appeared, admitted them all to bail under specified conditions. Counsel for the State then immediately advised the court a quo that the State intended to appeal against the decision in terms of s121 of the Criminal Procedure and Evidence Act. This is the appeal against the decision of the magistrate More
