The accused was arraigned before us charged with the crime of murder as defined in s 47 (1) (a) or (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] in that on 15 October 2018 and at Armstone B. Resettlement, Chief Tandi, Rusape, the accused unlawfully caused the death of Taurai Christopher Makarutse by assaulting him all over the body with sticks intending to kill him or realising that there was a real risk or possibility that his conduct might cause death and continued to engage in that conduct despite the real risk or possibility resulting from which... More
In this case the state accepted a limited plea of guilty to culpable homicide as defined in s 49 of the Criminal law (Codification and Reform) Act [Chapter 9:23]. The matter thus proceeded on a statement of agreed facts.
This is a case in which one blow to the head in a fit of rage occasioned death of the deceased. The brief agreed facts are as follows:
On 4 August 2019 at around 1600hrs and at Masimbe Business Centre, the accused person and deceased had an altercation over refusal to pay for meat partaken by the deceased. The accused who... More
The accused pleaded not guilty to a charge of murder as defined in s 47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The brief allegations are that on the 18 March 2019 and at Guyo Village, Chief Musikavanhu, Chipinge, the accused unlawfully caused the death of Hondo Ndlovu by stabbing him with an okapi knife on the centre of the chest intending to kill him or realising that there was a real risk or possibility that his conduct might cause death and despite the risk or possibility he persisted with his conduct resulting in severe injuries... More
The accused was convicted following his plea of guilty to a charge of escaping from lawful custody in contravention of section 185 (1) (b) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23] (‘the criminal code’). The uncontested facts are that the accused, who was a serving prisoner at the Buffalo Range prison and correctional facility in Chiredzi, was assigned, under guard to collect some firewood in a nearby bushy area. That was on the 25th of February 2022. He then surreptitiously sneaked away unnoticed and made good his escape. His unearned liberty was however short-lived as he was... More
The matter started off as a murder trial. At the close of State case, parties conferred and agreed that the accused persons’ plea to culpable homicide be accepted. A statement of agreed facts outlining common cause aspects was compiled and presented before the court. Having established the genuiness of the plea of guilty to culpable homicide we retained a verdict of guilty to culpable homicide. We were then addressed in mitigation and aggravation by the respective counsels. More
