: When you are a boy, as young as twelve years, there is no reasoning with sexual matters because even adult men can be completely blinded by bouts of passion. The criminal law and criminal punishment couldn’t therefore have been intended to result in the horror apparent from these proceedings. The stories of what befell both the boy and the girl involved in this case illustrate a complete destruction of the social fabric. More
This review is at the instance of the scrutinising Regional Magistrate. The accused appeared before the magistrates’ court sitting at Gweru, in the Midlands Province. He was charged with the crime of contravening s 3(1)(a) as read with s 4(1) of the Domestic Violence Act [Chapter 5:16]. It being alleged that on 2 February 2023 the accused committed physical abuse upon the complainant, his wife by strangling her and kicking her all over the body with a wooden log three times on the right arm and three times on the right leg. The accused pleaded guilty and was duly convicted.... More
The accused faces a charge of murder, it being alleged that on the 21st of July 2019, he assaulted deceased Samon Mpala with clenched fists causing his death. The accused pleaded not guilty to the charge of murder and tendered a limited plea to culpable homicide. The state accepted this limited plea and the parties drew a statement of agreed facts that was tendered and marked exhibit 1. It reads as follows: More
The 3 accused appeared before the court charged with murder, as defined in section 47 (1) of the Criminal Law (Codification and Reform) Act, Chapter 9:23. Accused 1 and 2 tendered limited pleas of guilty to culpable homicide which were not accepted by the state whilst accused 3 tendered a plea of not guilty. More
This record was placed before me on automatic review. I raised two queries relating to what I considered a lenient sentence for attempted murder and why the sentences for the two robbery counts were ordered to run concurrently in circumstances where they were committed on different dates and places.
The court a quo’s approach to sentence resulted in an effective 15 year sentence for (1) attempted murder committed in the course of a robbery resulting in the complainant sustaining serious injuries; (2) two counts of robbery wherein the complainants were attacked with iron bars, machetes and an axe. Indeed the... More
