The trial court has conceded that it misdirected itself in the manner it handled the charge that was preferred against the accused person in count one, and the manner it approached sentencing in both counts one and two. This case is almost on all fours with S v Chitepo HMA 3-17 in which some guidelines in matters involving driving offences were proffered. More
This was an application for bail by Accused 2 pending the resumption and completion of trial.
Accused 2 was jointly charged with Accused 1 with murder as defined in s 47[1] of the Criminal Law [Codification and Reform] Act, [Cap 9: 23]. The allegations against them were that on 28 September 2015, in rural Bikita, Masvingo, one or other of them unlawfully caused the death of one Farai Manyanga [hereafter referred to as “Deceased”] by hitting him with logs on the head multiple times thereby inflicting a depressed skull fracture and cervical spine subluxation, with the intention of killing him... More
The delay in finalising this trial was occasioned by the absence of the doctor who performed the post mortem on the remains of the now deceased. The said doctor had relocated to Namibia and it took time to put logistical arrangements to enable him to travel to Zimbabwe to testify. As will fully more appear in this judgment the doctor’s evidence is very critical in this case. More
At the commencement of the trial the accused who pleaded not guilty to the charge took an exception in terms of s 171(2) of the Criminal Procedure and Evidence Act [Cap 9.07]. The relevant provision dealing with exceptions provides as follows:-
“171. Exceptions
(1) When the accused excepts only and does not plead any plea, the court shall proceed to hear and determine the matter forthwith and if the exception is overruled, he shall be called upon to plead to the indictment, summons or charge.
(2) When the accused pleads and excepts together, it shall be in the discretion of... More
The trial Magistrate in this matter has deliberately avoided to answer to the queries which I raised in a very clear manner in my review minute. It is important for trial Magistrates to apply their minds to queries raised on review to ensure that less time is wasted dealing with the same issues. More
