The two accused persons were facing a charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform Act [Cap 9:23]. The charge being that accused 1 Taruziva Sithole (hereinafter accused 1) and accused 2 Shackmore Dube (hereinafter accused 2) both age 38 years and 28 years respectively and in Village 3, Wedza block, Chief Mazhetese, Mwenezi, Masvingo unlawfully caused the death of Irene Sithole (hereinafter Irene) a juvenile aged 7 years by assaulting her all over the body with switches intending to kill her or realising that their conduct may cause death and continued to... More
The proceedings in this matter are not only marred by procedural irregularities but also involve issues of substantive law. This matter was referred to this court ostensibly for my views by the Gutu Resident Magistrate. This was after the accused was convicted of contravening section 189 as read with section 65 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] which is attempted rape. The accused had pleaded guilty to the charge and was duly convicted. However before sentence the Gutu Resident Magistrate, to her credit, had second thoughts on the propriety of the conviction and sought the... More
On 12 October 2016, in HMA 04-16, we delivered judgment in Accused 2’s application for discharge at the close of the State’s case. We dismissed the application. The trial then proceeded for both accused persons to give evidence. This now is the final judgment. It is expedient to reproduce the material parts of the judgment aforesaid and take the matter up from there. More
It entails achieving a delicate balance between competing factors. These are aggravating and mitigating factors. It is a function of judicial discretion which is exercised judiciously and not capriciously.
Both accused were jointly charged with the then accused 3 Linear Vushe aged 21 years of Plot 9, ‘A’ Farm, Zvamahande in Mashava. A separation of trial was granted and charges against Linear Vushe were withdrawn before plea. More
