On 31 January 2019 the appellant was convicted by the Rusape Provincial Magistrate on allegations of public violence as defined in s 36 of the Criminal Law Code. He was sentenced to 3 years imprisonment of which 1 year imprisonment was suspended for 5 years on the usual conditions of future good behaviour. Dissatisfied with both conviction and sentence, he filed an appeal against both conviction and sentence. On 6 November 2019 we dismissed the appeals and indicated that reasons would follow. These are they. More
In the present case, the appellant was driving a Honda Fit, alone with no passengers on board. He was ordered to stop by the police officers and he complied. Thereafter it was revealed he was not a holder of a driver’s licence. The appellant cooperated with the police and at court he did not waste time and resources by pleading guilty to the offence. In its reasons for sentence the court just mentioned the mitigatory factors but sentence imposed speaks volumes of the court not having placed any weight to the mitigatory factors. A plea of guilty although not reducing... More
The appellants were arraigned before the Magistrates Court facing allegations of contravening s 368(1) as read with 368(4) of the Mines and Minerals Act [Chapter 21:05] prospecting for Minerals without a permit or a licence. Both appellants were convicted on their own pleas of guilty and sentenced to the mandatory sentence of 2 years imprisonment each as there were no special circumstances. Irked by the conviction the appellants lodged the present appeal which the respondent is not opposed . More
The applicant who was 37 years old appeared at Rusape Regional Court on 24 April 2019 facing two counts of Rape as defined s 65 (1) (a) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. On the first count the state alleged that on a date unknown to the prosecutor but during the period extending from December 2018 to January 2019 and at Chidawanyika Village, Chief Mutasa, Honde Valley, the applicant had sexual intercourse once with Juliet Mwanaka a female aged 7 years who at law is deemed incapable of consenting to sexual activities. The second count also... More
MWAYERA J: The appellants were arraigned before the Magistrate court on a charge of attempted Robbery as defined in s. 189 (1) (a) or (b) as read with section 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:25]. It is alleged that on 28 November 2020 around 2350 hours the appellants or one or more of them approached the complainant whilst armed with machetes and catapults. They demanded for gold ore. They dragged the complainant to a mine shaft threatening him to disclose where the gold ore was. The complainant did not give in but screamed for help... More
