The accused is 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]. It is alleged that on 7 May 2019 and at Musanga Village, Chief Saunyama, Nyanga, the accused unlawfully caused the death of Emmanuel Nyasha Masambu by hitting him several times on the legs and head with a wooden pick-handle, 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 risk or possibility resulting... More
The position that no criminal offence is committed when two children aged above 12 years of age and less than 18 years of age engage in consensual sexual intercourse is no longer part of our law. The relevant penal provision being s 70 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] has been the subject of several amendments in the past few years. Apart from the original legislative intent of protecting minor children from sexual predators who are adults, there is now an additional thrust by the legislature in protecti More
Both accused pleaded not guilty to a charge of murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The state alleges that on 29 December 2017 and at Jambaya Store, Chief Muusha the accused persons did each or one or more of them unlawfully and with intent to kill or realising the real risk or possibility that their conduct may cause death and continuing to engage in that conduct despite the risk or possibility struck Moses Gwenzi with a log and machete all over the body thereby inflicting injuries from which the said... More
The best criminal sanction for ordinary offenders who fail to comply with maintenance orders is a prison term wholly suspended on condition of paying up the arrears that are owed. A court of law which is faced with these offenders should tread cautiously and be very slow to resort to a sentence that would destroy or diminish the offender’s source of livelihood or income as such a sentence may not be in the best interests of the children who are meant to be assisted by the income realized through such legislative intervention. Another common pitfall in this area of the... More
In this case the deceased Bvumai Luke Sarupango lost his life over allegations of alleged witchcraft. It is alleged by the state that on 17 May 2019 and at Mutunduve Village Chief Saunyama, Nyanga, the accused persons and one or both or more of them unlawfully caused the death of Bvumayi Luke Sarupango by tying him against poles of a shed and assaulting him several times on the buttocks and feet using an iron rod and a sjambock intending to kill him or realising that there was a real risk or possibility that their conduct might cause death and continued... More
