After the accused’s conviction, we adjourned the trial in order to afford the prosecutor and counsel for the accused time to prepare their submissions in aggravation and mitigation respectively. They both did. The Court is indebted to both of them for their assistance. The submissions however illustrate that there still exists a worrying lack of appreciation of the sentencing regime and the attendant sentencing principles which must inform the punishment of an accused convicted of murder. The court finds itself constrained to once again restate the elementary principles which have been emphasised in a long line of authorities in the... More
Emmanuel Chiota (the accused) was indicted before the High Court facing a charge of murder as defined in s 47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9.23]. He is alleged to have stabbed his biological mother, Nelia Chiota (the deceased) on the neck with a scissors thereby causing mortal injuries. He pleaded not guilty due to insanity.
The agreed facts are that on the 20 November 2016, the accused then a 23year old university student came home and found his 57 year old mother alone at home. He armed himself with a scissors and proceeded to... More
The latest addition to the rising statistics involved Emmanuel Machokoto, (hereinafter referred to as “the accused”), who appeared before us charged with the murder of his wife, Mercy Munosunama (“hereinafter referred to as the deceased”) in contravention of s 47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (hereinafter referred to as “the Code”). The prosecution alleged that on 7 April 2022 he fatally assaulted the deceased with a belt and fists several times and pushed her head against the wall. More
The accused was convicted of theft after a trial and was sentenced as follows:
“18 months imprisonment of which 4 months imprisonment is suspended for five years on condition the accused does not during that period commit any offence involving dishonesty for which he is sentenced to imprisonment without the option of a fine. More
The accused was employed by the complainant’s parents as a domestic worker residing at Gwari Village under chief Zimuto in Masvingo Province. He is alleged to have raped his former employer’s 11 year old daughter sometime in April 2009. The offence only came to light more than a year later in August 2010 when it was discovered that she had contracted a sexually transmitted disease. More
