On 9 March 2021 the accused was arraigned for murder as defined in s 47 (i) (a) or (b) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. The state alleged that on 19 January 2020 at Mayedzengwa Village, Chief Marange, Mutare, the accused, together with Dzidzai Nyangovere, who is still at large, caused the death of Liberty Dadirai Chimonyo, by stabbing him several times with an Okapi Knife on the neck, back, chest and left arm with the intention to kill him or realising that there was a real risk or possibility that his conduct might cause death... More
This is a review matter emanating from the Magistrate Court which has been referred to this court in terms of S57 of the Magistrates Court Act. The accused persons were charged with three (3) counts of stock theft as defined in s114(2)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] and two (2) counts of theft as defined in terms of Section 113(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (hereinafter referred to as (“the Act”).
Both accused persons pleaded “Not guilty “to the charges but were both convicted. The 1st accused was convicted of... More
The accused is a male adult of 23 years, but at the time of the commission of the offence in 2012, he was 17 years, residing at Bvirindi Village, Chief Zimunya, Mutare. He was employed as a herdboy at Mundembe Village Chief Zimunya, Mutare. The deceased Cosmas Ngadzingwe was a resident of Mundembe Village, Chief Zimunya Mutare, he was 6 years older than accused, he was23 years then. On 21 September 2012 around 6pm the accused was passing time watching a game of draught at Mhaka Bottle Store. He was in the company of three other young men. At some... More
On 2 June 2020, all six accused were arraigned for murder. The state alleges that on 25 December 2018 and at Constance, Chitungwiza, Nyahukwe Road, Rusape the accused and each or one of them unlawfully, caused the death of Carlington Rateiwa by assaulting him with fists and stabbing him with a water glass on the neck, intending to kill him or realising that there was a real risk or possibility that their conduct might cause death and continued to engage in that conduct despite the risk or possibility resulting in injuries from which the said Carlington Rateiwa died More
Accused is charged with a crime of murder as defined in s 47 (1) (a) or (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] it being alleged by the state that on 27 December 2018 and at Piki Business Centre, Chief Zimunya, Mutare the accused unlawfully caused the death of Courage Anesu Mutanga by assaulting him several times on the head and strangling him 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
There are three accused person in this murder trial. Two of the three accused are brothers, namely Andrew Guduza and Gregory Guduza. They are the 2nd and 3rd accused respectively. The 1st accused, Zvioneso Chaira is their uncle, in that he is their mother’s brother. The central issue is whether the three relatives connived in common purpose when, as the state alleges , on the 5th of March 2016, one or more of them unlawfully and with intent to kill shot Josiah Kusemwa with a luger grand power pistol serial number MRS 0243. He was shot once in the face... More
The accused is being charged for Murder as defined in s 47(1)(a) or (b) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23], it being alleged that on 21 September 2020 at Dzekiwa homestead Buhera, accused assaulted the deceased by striking him twice on the head with a pick head 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 in injuries from which the now deceased died. More
The accused wasconvictedon his own plea ofguilty totwo countsofcontravenings89 (4) (b)and (5)of the Postal andTelecommunicationsAct, Chapter 12:05 and one countof contravening s10 of the CopperControl Act[Chapter14:06]. The facts in countonewerethaton the2nd of November2021,in Masasa Park, Harare, he hadbeen foundby a residentcuttingTelonecommunication dropwires. Acitizen’sarresthadbeeneffectedand when he was searched he wasfoundwith Telonecablesweighing1kg andvaluedatUS$150.00, which heindicatedhecutand stolenfrom aTelone line in MasasaPark.In counttwo, he hadbeensearched and foundin possessionof cablesweighing1kgand valuedat US$50.00. More
The accused was convicted on his own plea of guilty to theft as defined in s 113 of the Criminal Law (Codification & Reform) Act, [Cap 9:23] involving property worth US$70, 00. He was sentenced to 10 months imprisonment of which 4 months imprisonment was suspended for 5 years on appropriate conditions. The learned scrutinising Regional Magistrate before whom the record of proceedings was placed took the view that the sentence imposed on the young first offender whom had pleaded guilty after his loot was fully recovered was unduly harsh. He withheld his certificate and referred the record to the... More
The accused faced a charge of murder it being alleged that on the 3rd of November 2016 at village A1 Mutanda Resettlement, Odzi,the accused with actual intent or realising that there was a real risk or possibility of death, stabbed Silas Magara with an okapi knife once on the left rib, there by inflicting injuries from which the said Silas Magara died. He pleaded not guilty. More
The accused is facing a murder charge as defined in s 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. Before trial commenced the court ordered a mental examination of the accused by two medical doctors in terms of the Mental Health Act after it had been submitted that the accused had a history of mental illness. More
In this case most of the material facts are to a large extent common cause. The undisputed facts are that on the 7th of January 2003 the 1st accused Kudakwashe Taonangwere teamed up with his girlfriend Memory Madhaka and his friend the 2nd accused Tafadzwa Musamba. They proceeded to the Town House Taxi Rank in the city centre. More
Accused is charged with contravening s 47 (1) of the Criminal Law (Codification and Reform) Act [Cap 9:23]. Although he does not deny striking deceased with a hoe on the head his defence is that he was under attack and thus did what he is alleged to have done in self-defence More
On 28 February, 2011 I wrote the following review query to the trial provincial magistrate Wochiunga esq. who was then stationed at Harare Magistrates Court:
“These proceedings are redolent with irregularities. More
According to the State case, on 2 November 2021 at about 2300 hours, the accused persons approached the deceased one Melody Makaramba with fake gold. The deceased was a known gold smelter and gold buyer in this community of Etna 148 Mine, Kadoma. He would religiously attend to any person anytime. Thus, the accused persons could approach him as late as 2300hrs.When the deceased opened the door to attend to them, the accused pretended to give him gold, they immediately attacked the deceased and strangled him with a wire, and hit him with an iron pestle. The 1st accused stabbed... More
