This matter was referred for review by the scrutinizing regional magistrate who on the facts of the case was unhappy with the propriety of the conviction. More
An accused person who pleads guilty to a charge must have all the essential elements of the offence put to him, each in turn. He must be accorded an opportunity to respond to each element of the crime. Where he is convicted when some element(s) of the offence has/ have not been put to him, his conviction is improper. It cannot, therefore, stand. More
The proceedings in this matter were adjourned following the accused’s conviction for a sexual offence, in accordance with s54 of the Magistrates’ Court Act [Chapter7:10]. During the pre-sentencing hearing stage, it was brought to the attention of the trial magistrate that the offender suffers from Human Immunodeficiency Virus (HIV), which causes a condition known as Acquired Immunodeficiency Syndrome whose acronym is AIDS. He was HIV positive at the time he committed the offence he now stands convicted of. Taking into account his own ordinary sentencing jurisdiction of 5 years imprisonment or alternatively a fine not exceeding level 10, and that... More
The accused is charged with the crime of murder as defined in s 47 of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. The allegations against him are that on 11 February, 2016 and at Mandaza Village, Chief Nyamweda, Mhondoro, he intentionally and unlawfully caused the death of one Chido Kurwakumire, a female juvenile by stabbing her with a knife repeatedly on and upon her body. The deceased resultantly died of the injuries which she sustained. More
The accused person pleaded to a charge of contravening s 70 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9: 23]. He was sentenced to 18 months’ imprisonment of which 8 months’ imprisonment was suspended for 5 years on condition of good behavior. The remaining 10 months’ imprisonment was suspended on condition of performing 350 hours of community service. More
