This matter was placed before me for trial in the criminal court. The accused is facing two counts, viz murder and attempted murder. The trial was set down for today 20 February 2024. On 19 February 2024 State counsel and defence counsel sought audience with me in my chambers. Counsel brought it to my attention that on 20 May 2022 I presided over a criminal matter involving this accused and a co-accused who is not part of this trial. I was shown a copy of the judgment in The State v Kholisani Nyathi & Anor HB 138/22. I perused the... More
DUBE-BANDA J: The accused appears in this court on a charge of murder. Before the charge was put to the accused, Ms Mugari, counsel for the accused informed the court that she had an application to make. The import of the application is that the accused be referred for further mental examination in terms of section 28 of the Mental Health Act [Chapter 15:12]. The basis of the application is that there are indications that accused suffers from a mental disorder or defect of the mind, such that at the time of the commission of this offence he was not... More
The accused, Mr Kudakwashe Mujajati, is appearing before this court charged with the crime of murder as defined in section 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (hereinafter referred to as the “Criminal Law Code”). It being alleged that on 8 July 2021 he unlawfully caused the death of Audrey Chikoka (herein after referred to as the “deceased”) by striking her once on the back of the head and once on the forehead with a wooden board intending to kill her or realising that there is a real risk or possibility that his conduct may cause... More
This matter was placed before me by way of review. The matter was referred to this court by the Regional Magistrate with the following comments:
“Accused appeared before me facing 5 counts of rape. He was not defended till the end of the State’s case. He successfully sought the services of Miss Manyeza assisted by Miss Mazarira both from Ndove and Associates, at the commencement of the defence case.
Accused was therefore defended till the matter reached finality when I convicted him and sentenced him for one count of having sexual intercourse with a young person as defined in Section... More
The accused is appearing before this court charged with the crime of murder as defined in section 47 of the Criminal Law (Codification and Reform) Act Chapter 9:23. It being alleged that on 19 February 2020 the accused unlawfully caused the death of Tedius Urayayi (deceased) by hitting him with a fist on the face, head-butted him on the forehead, kicking him several times all over the body with booted feet and assaulting him all over the body with an electric cable intending to kill him or realising that there is a real risk or possibility that his conduct may... More
