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
DUBE-BANDA J: The trial magistrate referred this matter to this court for sentence as she felt that she lacked jurisdiction to sentence the accused. The accused was arraigned before the Magistrate’s court sitting in Shurugwi. He was charged with the crime of contravening section 70 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It being alleged that on the 23rd November 2019, and at Gakata Village, Chief Nhema, Shurugwi, the accused had extra marital intercourse with complainant a female person below the age of 16 years. It turned out that at the material time accused was infected H.I.V.... More
The accused appears before this court on a charge of murder as defined in section 47 of the Criminal law [Codification and Reform] Act Chapter 9:23. It being alleged that on the 5th May 2021, accused unlawfully caused the death of YenzaniMaphosa (deceased) by stabbing him with a knife once on the chest, intending to kill him or realising that there is a real risk or possibility that his conduct may cause the death of deceased and continued to engage in that conduct despite the risk or possibility. More
