The two accused are facing Murder as defined in s 47 (1) (a) (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The State alleges that on 25 December 2007 and at Mharadzano Night Club, Marenga, Buhera, the two accused together with Moses Mpofu and Motion Chenzira, all and each or one or more of them unlawfully caused the death of Samuel Chinyama by striking him on the head with a half brick, stabbing him on the chest and assaulting him with fists and booted feet all over his body thereby causing him injuries from which the said... More
On 26 April 2017 the appellant, after a full trial, was convicted in the magistrate’s court of defeating or obstructing the course of justice in contravention of s 184(1)(e) of the Criminal Law (Codification and Reform) Act, Cap 9:23 (“the Code”). That provision reads: More
The accused person, a male adult aged 33 years old, was arraigned before this court facing a charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Criminal Law Code). It was alleged that he murdered one Moreblessing Ali between 24 May 2022 and 11 June 2022 at a place between Chibhanguza Nightclub, Nyatsime and Plot 321 Dunmoter farm in Beatrice. More
: The convicted person pleaded guilty to assaulting a police officer in contravention of s 176 of the Criminal Law (Codification and Reform) Act [Cap 9:23] (Assaulting a Peace officer). He was convicted and sentenced to $200-00 in default of payment 90 days imprisonment. More
Ronald Kanyowa was charged with the crime of murder in contravention of s 47 (1)(a) of the Criminal Law (Codification and Reform) Act [Cap 9;23] herein-after called the Code. He fought and killed his cousin Nigel Mashingaidze. He stabbed him in the stomach and chest with a ceremonial dagger. He pleaded not guilty to the charge and raised the defences, of, provocation and defence of person as provided in sections 239 and 253 of the Code. More
The convicted person initially pleaded guilty to a charge of theft as defined in s 113 of the Criminal Law (Codification and Reform) Act [Cap 9:23]. The facts on which he was being charged were read to him. The magistrate asked him if he understood them and he in response said he did. The magistrate further asked him if he had anything to add or subtract. In response the convicted person told the court that the complainant had employed him as an ice-cream vendor and given him ice cream pads for sale and a push-cart. He fell ill and took... More
The accused person was jointly charged with another on one count of theft of newspapers. They pleaded not guilty but the accused was convicted after a trial. His co accused was acquitted at the end of the trial. The accused was sentenced to 6 months imprisonment of which 3 months were suspended on conditions of good behaviour and the remaining 3 months on condition he performed 105 hours of community service, which was to commence on 4 August 2006 and be completed within three weeks of that date. More
The accused was arraigned before a Magistrate at Plumtree on the 27th of March 2022 facing one count of culpable homicide as defined in section 49 of the Criminal Law Codification & Reform Act (Chapter 9:23) as read with section 52 of the Road Traffic Act (Chapter 13:11).
The accused pleaded guilty and was convicted and sentenced to pay a fine of RTGS $25 000 in default of payment 6 months imprisonment. In addition 6 months imprisonment was wholly suspended for 5 years on condition accused did not within that period commit any offence involving the negligent killing of another... More
MAKONESE J: There have been numerous judgments of this court which have reiterated that when judicial officers decide upon the appropriate sentences in cases involving culpable homicide arising out of road traffic accidents, regard must be had to the provisions of section 52 of the Road Traffic Act (Chapter 13:11). More
On 10 September 2019 the accused appeared before us facing the crime of Murder as defined in s 47 (1) (a) or (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The State alleged that on 8 March 2018 and at Mupudzi River Bridge, Buwerimwe Village, Chief Zimunya Mutare, the accused unlawfully caused the death of LLOYD CHITAKATIRA by causing him to drink water laced with a poisonous substance intending to kill Lloyd Chitakatira or realising that his conduct might cause death and continued to engage in that conduct despite the risk or possibility resulting in Lloyd Chitakatira’s... More
On 15 May 2019 at Zimbabwe Consolidated Diamond Company, Marange Manicaland accused shot Terence Masendeke with an FN Browning rifle on the chest and thigh which resulted in his death. He is charged with Murder as defined in s 47 (1)(a) or (b) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23].
He pleaded not guilty to the charge. In his defence outline, Annexure B accused states as follows: he was employed as a security guard by the diamond Company and on that date he was a gunner. Deceased and his group were illegal panners. On that fateful day... More
Accused brutally, mercilessly and recklessly assaulted a 72 year old uncle, his own uncle whom he relied on. Accused’s conduct is socially, morally and culturally reprehensible. Accused has no focus in life and he, being young and powerful chose an old man to bully by bashing his head on a hard surface. Deceased’s body immediately reacted by getting swollen showing unbearable pain. The question the court poses is why did accused behave like this? Would ZWL 30 justify loss of life? The sentence I am going to pass would show that society abhors this transgression against morals and values where... More
The accused is facing charges of Murder. The State alleges that on 12 March 2020, at Muzondakaya Village, Chief Musikavanhu, Chipinge, accused caused the death of his elder brother Sifiso Hlahla by striking him with a machete once on the head.
The accused pleaded not guilty and prayed that he be found not guilty and be acquitted. In his defence outline he denies having an intention to kill his brother. He attributed the death of the deceased to what he termed cumulative factors based on witchcraft. He blamed the deceased’s lack of cooperation to resolve the problems faced by the... More
The accused was properly convicted, on his own plea, of assault as defined in s 89(1) (a) of the Criminal Law (Codification & Reform) Act, [Cap 9:23], and another of pledge-taking as defined in s122(1) of the same Act. In sentencing the accused the magistrate treated the two counts as one for sentence and sentenced him to six months imprisonment with two suspended for five years “on condition the offender is not within that period, convicted of any offence involving violence or theft for which he will be sentenced to imprisonment without the option of a fine.” The learned scrutinising... More
TAKUVA J: This record was placed before me by the learned Scrutinising Regional Magistrate at Gokwe in terms of section 58(3)(b) of the Magistrates Court Act (Chapter 7:10). More
