The proceedings in this matter would not have been referred to this court for review because the sentences imposed qualified the proceedings to be scrutinized by the Regional Magistrate in terms of s 58 of the Magistrates Court, [Chapter 7:10]. In terms of the said section, in proceedings where the accused appearing before the provincial court and has been convicted and sentenced to imprisonment of between 3 and 12 months or a fine of between level 4 and 6, the record of proceedings is scrutinized by the regional magistrate. In terms of s 58 (3) (b) where the scrutinizing regional... More
The above matter was referred for review with the following comments:
“The record of proceedings was placed for review before the regional magistrate who noted that the trial magistrate had imposed two sentences which was said to be improper in the case of Chipwere HH 314-08.
The trial magistrate conceded that she had imposed two sentences.
May we be guided on the way forward?” More
The accused was convicted of contravening s 67 (1) (a) (i) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was sentenced to 15 months’ imprisonment of which 3 months’ imprisonment was suspended for 5 years on condition of good behavior. The remaining 12 months’ imprisonment was suspended on condition of performance of 420 hours of community service. More
The determination of this murder turned on nothing but the facts.
Killian Tagarira (herein after “the accused”), appeared before this court facing a charge of Murder in terms of s47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Criminal Law Code). The allegations against him were that on 8 November 2019, he struck Bernard Shonhai Majaji (herein after the “deceased”), with an axe several times on the head causing injuries from which the deceased met his quietus. More
The accused was charged with the crime of indecent assault as defined in s 67 of the Criminal Law Codification and Reform Act [Chapter 9:27]. The facts relied upon in the outline of the state case were that the accused, a 30 year old neighbour of the complainant, a married woman aged 22 years old, went to the complainant at her field where she was working alone and proposed love to her. The complainant turned down the proposal. Accused advanced towards the complainant who moved away from him. This did not deter the accused who chased the complainant, tripped and... More
