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 A separation of trial was granted and charges against Linear Vushe were withdrawn before plea.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
The main issue to be determined in this matter is how the now deceased sustained the fatal head injury on 2 August 2021.
The first point of call is a factual rather than a legal one. It entails simply a proper juxtaposition of the version by the state on one hand and that by the defence on the other.
The accused is facing a charge of murder as defined in section 47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].
The charge is that on 2 August 2021 and inside Muchacha bottle store and shop at Chiredzana... More
The accused was initially facing a charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform Act) [Cap 9:23] but now stands convicted of a permissible verdict of contravening section 49 of the Criminal Law (Codification and Reform Act) [Cap 9:23] which relates to culpable homicide. More
The accused was initially facing the charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act [Cap 9:23]. However, at the commencement of the trial both the state and the defence agreed that the charge of culpable homicide as defined in s 49 of the Criminal Law (Codification and Reform) Act [Cap 9:23] is the appropriate charge. The accused was thus duly convicted on his own plea of guilty of the charge of culpable homicide. More
