: The applicants apply for bail pending appeal against both conviction and sentence. The applicants were convicted of “murder with constructive intention” as defined in s 47 (1b) of the Criminal Law Codification and Reform Act [Chapter 9:23] by MWAYERA Jsitting with assessors on 31 May 2017 in the High Court, Harare. More
The accused a 48 year old first offender and family man pleaded guilty to a charge of “unlawful possession or use of Dangerous Drugs” as defined in s 157 (1) (a) of the Criminal Law Codification & Reform Act, [Chapter 9:23]. The facts of the case were that on 2 March 2018, the accused was found in possession of 1.630 kilograms of loose dagga at Msasa Beerhall Ruwange Growth Point, Nyanga. The dagga was found in the accused’s bag following a search of the bag. More
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
