DUBE-BANDA J: This matter was placed before me on automatic review. The accused was arraigned before the Magistrate’s court sitting in Binga. He was charged with the crime of contravening section 4 as read with section 3(1) (a) of the Domestic Violence Act [Chapter 5:16] “Physical Abuse.” It being alleged that he committed an act of physical abuse upon the complainant by striking her with open hands and a switch all over the body intending to cause bodily harm realising that there is a real risk or possibility that bodily harm may result. He pleaded guilty and was duly convicted.... More
The accused appeared before a Magistrate at Gokwe on 19th July 2022 facing a charge of contravening section 131 of the Criminal Law Codification and Reform Act (Chapter 9:23). The applicant pleaded guilty and was convicted as charged. He was sentenced to 9 months imprisonment of which 3 months was suspended for 5 years on condition of good behavior. More
The accused appears in this court on a charge of murder in contravention of section 47 (1) of the Criminal Law Codification and Reform Act (Chapter 9:23). It is alleged that on the 12th of November 2020 and at Mafa Village Chief Mabhikwa, Lupane, the accused assaulted the deceased a 1½ year old baby with a stick several times thereby causing his death. The accused denies the charge of murder but tenders a plea of guilty to the lesser charge of culpable homicide. The facts surrounding the commission of this offence are summarized in a Statement of Agreed Facts which... More
This matter was placed before me on automatic review. The accused was arraigned before the Magistrate’s Court sitting in Bulawayo. He was charged with two counts of stock theft. He pleaded not guilty. At the conclusion of the trial he was found guilty as charged. The conviction is proper and nothing turns on it. The trial court was unable to find any special circumstances, and the accused was sentenced to the minimum mandatory sentence of nine years per count. The total cumulative sentence is eighteen years imprisonment. It is cumulative sentence that attracted my attention More
DUBE-BANDA J: The accused is charged with the crime of murder as defined in section 47 of the Criminal Law (Codification and Reform) [Chapter 9:23]. It is alleged that on the 4 February 2019, and at Village Mhlupheki, Chief Malisa, Zhombe, the accused person unlawfully caused the death of Tororo Ndlovu (deceased), by striking him once on the back of the head with an axe, intending to kill him or realising that there was a real or possibility that his conduct may cause the death and continued to engage in that conduct despite the risk or possibility. More
