The accused was convicted following his plea of guilty to a charge of“Rape”(contravening section 65 (1) of the Criminal Law codification and Reform) Act, [Chapter 9:23](The Criminal Code). The agreed facts are that on numerous occasions he had sexual intercourse with SamanthaMaregedze (the complainant) a female juvenile aged 7 years who at law is incapable of consenting to sexual intercourse.He was subsequently sentenced to 3 years imprisonment which was wholly suspended for 5 years on the usual conditions and the record of proceedings was submitted to this court for automatic review. More
After hearing both counsel’s addresses in mitigation and aggravation one is clearly reminded of the old adage that despite being blind justice should always be tampered with mercy. No matter the circumstances the court should not lose its conscience or moral compass. More
The deceased, Hardlife Ndlovu, died from complicated 55%, third to fourth degree burns, consistent with paraffin burns. The State has charged the accused, his girlfriend, with murder as defined in s 47[1] of the Criminal Law [Codification and Reform] Act, [Cap 9: 23]. More
This is the second judgment in the trial in which the accused, an adult female aged thirty years, was charged with the murder for her boyfriend. At the close of the Sate case, her counsel applied for discharge in terms s 198[3] of the Criminal Procedure & Evidence Act, Cap 9:07, on the basis that the evidence adduced by the State was not sufficient for a court, acting carefully, to convict and that as such, there was no reason to put her on her defence. More
This matter is mired in domestic violence which culminated in the now deceased’s death. The question which therefore exercised the mind of the court is whether the defence of provocation is available to the accused. More
