MAKONESE J: The accused has been arraigned in this court on a charge of murder. It is alleged that on 1st January 2018 and at 2338 Emakhandeni, Bulawayo, he assaulted Bhekimpilo Moyo intending to cause his death or realizing that there was a real possibility that death might ensue. The accused denied the allegations and pleaded not guilty.
On 31st December 2017 Mengezi Moyo arranged a New Year’s eve get together party at his residence at Emakhandeni. Relatives and friends were invited to the function. Beer was being consumed in fairly large quantities. Attendees were embroiled in misunderstandings. One Dumisani... More
The accused was 38 years at the time the offence was committed. The deceased was aged 35 years. 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). The accused denies the charge of murder and tenders a plea of guilty to the lessor offence of culpable homicide. The state accepts the limited plea. A Statement of Agreed Facts has been tendered into the record. It summarizes the events leading to the death of the deceased. On the 4th of August 2004 the... More
A record of proceedings must correctly reflect what has been recorded by the judicial officer during the course of proceedings. Where a Magistrate records in long hand what has transpired during proceedings it is desirable to record the proceedings in legible and uniform handwriting. Whilst it is possible, but certainly not desirable, for a Magistrate to vary his writing style in the same proceedings, it is not desirable to do so. A record of proceedings in long hand must have a uniform style, clearly reflecting that the same judicial officer is the one whose proceedings have been recorded. The state... More
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
