The accused was arraigned on a charge of theft of an ATM card in contravention of s 113(1)(a) and (d) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Criminal Code). The facts show that the accused stole an ATM card. He later used it to purchase goods worth ZW$153 180. Upon conviction he was sentenced to 12 months imprisonment of which 3 months imprisonment was suspended on the condition of goods behaviour. Another 3 months imprisonment was suspended on condition of restitution. Effective sentenced of 6 months imprisonment. More
The complainant is an orphan whose mother had passed away and she remained in the accused’s custody together with 7 other children. The children are currently under the care and custody of the accused’s in-laws.
She had previously been gang raped by 3 men on her way to school. As a result she was no longer attending school preferring to study at home, perhaps for fear of being raped. Whilst she was so studying at home the accused developed a lustful sexual appetite for his daughter. He would therefore, from time to time call her into his room where he... More
The Regional Magistrate forwarded the record of proceedings to the above named matter with the following comments;
“ 1. Having convicted accused on a charge of contravening section 67 (1) of the Criminal Law (Codification and Reform) Act, Chapter 9:23 the court sentenced him to 5 months imprisonment, part of which was suspended on condition of good behaviour, the remainder being suspended on condition that accused pays a fine. I am not convinced of the appropriateness of suspending a prison term on condition of payment by accused of a fine.
2. The portion of imprisonment suspended on condition of good... More
The brief allegations against the accused were as follows: The accused person aged 68 years, appeared before an Epworth Magistrate facing a charge of “indecent assault” as defined in s 67 of the Criminal Law (Codification and Reform) Act [Chapter 9:23], the Criminal Code. The accused and witness are neighbours and known to each other. One early morning the complainant, a 12-year-old female child was waiting for a taxi to take her to school when the accused approached her. He greeted her and asked her what grade she was in. The complainant told him that she was in grade 7... More
What does it mean to say that for purposes of determining intention, a person’s motive is immaterial to criminal liability unless the CODE expressly states otherwise? In my view, this means that where the person whose conduct is in issue intended or meant to engage in the action or produce the result which he did, then it those circumstances, the person may properly be held to have intended to commit the crime, and the actual reasons why the person engaged in such conduct are irrelevant to the element of the crime that requires proof of actual intention. More
