This review judgment has been necessitated by the learned trial Magistrate’s apparent failure to embrace the modern day sentencing principles in our criminal justice system. These general principles are well articulated by NDOU J in the case of S v Shariwa 2003 (1) ZLR 314 (H). More
This matter mirrors what has gone wrong in our society.
It is taboo in our culture for a child to lay a hand on his or her parents. The accused’s conduct in this matter does not only fall foul of the sixth commandment which says; “thou shall not murder” but mostly importantly the fifth commandment which says; “honour your father and mother, that your days may be long upon the land which the LORD your GOD is giving you.” More
The accused who resides in Village 25, Chief Sengwe, Chiredzi is facing two counts.
In count 1 the accused is facing the charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act [Cap 9:23] in that on 18 June 2015 at Gonowani Village, Headman Mpapa, Chiredzi the accused stabbed the now deceased Stephen Chikucha with an unknown sharp object in the chest causing his death.
In count 2 which relates to attempted murder defined in s 189 as read with s 47(1) of the Criminal Law (Codification and Reform) Act, [Cap 9:23] it is... More
The applicant (hereinafter the accused) made an application in terms of s 198(3) of the Criminal Procedure and Evidence Act [Cap 9:07] for a discharge at the close of the prosecution case. More
