The record of this matter was placed before me for review. Accused
was charged of 4 counts of contravening section 89 (1) of the Criminal Law (Codification and Reform) Act [chapter 9: 23]. He was convicted on all counts. The conviction is proper. There is however an issue on the sentence on count 3 and 4 on the Review cover. More
The accused in this case was facing a charge of murder in terms of s 47 of the Criminal Law (Codification and Reform) Act) [Chapter 9:23] it being alleged that on the 11th day of March, 2011 and at House number 2270 M, Magada Epworth, the accused unlawfully and with intent to kill assaulted one Shelton Tungwarara indiscriminately all over the body with an iron bar thereby causing injuries from which the said Shelton Tungwarara died. More
The accused was charged in the Magistrates’ court with two counts. The first count was contravening s 5 of the Trapping of Animals Control Act [Cap 20:21] “make use or possess class one traps” in that on 10 October 2001 and at Merrivale Ranch Mwenezi, the accused unlawfully made, used or possessed class 1 traps, that is to say he set twelve wire snares and caught two female kudus. More
On 21 March 2005, at the Parkade flea market situated at the corner of Rezende Street and Jason Moyo Avenue, Harare, the two accused persons exchanged 900 South African Rand for $2 360 000.00 Zimbabwe dollars in contravention of section 4(1)(a)(i) of the Exchange Control Regulations, SI 109/96 as read with section 5(1)(a)(ii) of the Exchange Control Act, [Chapter 22:05]. They were both arrested and arraigned before a magistrate at Harare on 23 March 2005. More
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
