The 3 accused were arraigned on the charge of murder the now deceased Elliot Chingava. It is the state case that all the 3 accused turned on to the now deceased and assaulted him with fists, open hands and booted feet. It is said accused Simbarashe disarmed Courage of the log and used it to repeatedly strike the now deceased all over the body causing him to fall down after which all the 3 accused fled from the scene. The state alleges that one patron Victor Chinono attended to the now deceased and proceeded to his home. However, it is... More
The court a quo seemed to have conducted the proceedings in this matter without regard to the relevant provisions of the Code [The Criminal Law (Codification and Reform) Act, [Cap 9:23]. As a result, both the offence with which the accused was charged, and the sentence meted out, were manifestly inappropriate, particularly given the agreed facts and the accused’s own explanation. More
This matter proceeded on a statement of agreed facts after the accused pleaded guilty to a lesser charge and permissible verdict of culpable homicide. That limited plea was accepted by Mr E. Mbavarira for the state. Further, the facts also show that the concession by the state is well made. A charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act cannot be sustained in the circumstances.
The 49 year old now deceased was an uncle to the 29 year old accused. They both resided in the same village being Chavani Village, Chief Neshuro,... More
On 26 January I delivered a brief ex tempore judgement dismissing applicant’s quest to be released on bail pending his trial on a murder charge (i.e. contravening section 47 (1) of Criminal Law (Codification and Reform) Act, [Chapter 9:23]). A request was subsequently made for me to furnish the reasons informing that decision,which I now proceed to do. No oral submissions were made by the parties and the application was decided solely on the papers filed by the parties in support of their respective positions. This followed the provisions of Practice Direction 02/21 permitting such procedure. The said Practice Direction... More
