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
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
