It is a paradox that tragedy can befall a Christian couple on their way to church in such an unexpected way as happened in the present case. The accused pleaded not guilty to the murder of his wife. The incident took place on 31 May 2011 at Chingwaru village, Chief Masembura, Bindura. More
Both the conviction and sentence in this case offend against norms of justice. It is imperative that this court should intervene.
The accused was convicted in the Regional Magistrate’s Court with attempted murder. The charge itself was demonstrably an overkill. The circumstances disclosed nothing more than an assault. More
The two accused were charged with one count of unlawful entry into premises under aggravating circumstances in terms of s 131 (1) (a) as read with s 131 (2) of the Criminal Code, and one count of murder in terms of s 47 (1) (a) of the same Code. A 3rd accused Lovemore Mumba who was facing the same charges was discharged at the close of the state case and the reasons were given for his discharge. This judgment therefore deals with the remaining two accused. 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] and proffered a plea of guilty to culpable homicide as defined in s 49 of the same Act. The state accepted the plea of guilty to culpable homicide and thus the matter proceeded on the basis of a statement of agreed facts. More
The accused persons Erizah Zinaka and Nyashadzashe Shanapinuka who were initially facing a charge of murder pleaded guilty to culpable homicide. This was after the State agreed to amending the original charge to reflect the lesser offence following consultations with the accused persons’ defence counsel. More
A grave injustice occurred in this case. This is because as at the time of reviewing this matter the accused had already been punished. This is despite the fact that legally he did not commit the offence that was preferred against him on account of muddled charge and facts. Being a juvenile, the accused person was sentenced to receive two strokes with a rattan cane. More
On 12 January 2019, three accused Thabane Ngwazani, Evans Munotumaani and George Ndimani being accused 1, 2 and 3 respectively appeared before the Provincial Magistrate sitting at Mutare facing stock theft charges as defined in s 114 (2) (d) Criminal Law (Codification and Reform) Act [Chapter 9:23], where the State alleged that on 31 December 2018 and at Village 12 Nyamajura, Odzi, THABANE NGWAZANI, EVANS MUNOTUMAANI and GEORGE NDIMANI, one or all of them unlawfully took a brown heifer which was stray, the owner of which is yet to be established, knowing that the stock was stray or realising that... More
The sentence of the court a quo was manifestly excessive. It warrants intervention. The facts were these. The accused pleaded not guilty to a single count of domestic violence as defined by s 3(a), as read with s 4(1)(a), of the Domestic Violence Act, Cap 5:16. After a full trial he was convicted and sentenced to eighteen (18) months imprisonment. Six (6) months imprisonment was suspended for five years on the usual condition of good behaviour. The effective sentence was twelve (12) months imprisonment. More
It is often tempting for some magistrates to jump at the opportunity to adopt the plea procedure provided for by s 271(2)(b) of the Criminal Procedure & Evidence Act (“the CP&E Act”) at the slightest indication by an accused person that he may be admitting to the offence. This is so especially considering the heavy workloads magistrates have to deal with each day. When such opportunity to quickly ‘finalise’ a matter arises, itbecomes appealing to adopt the procedure. More
The accused is facing one count of murder in contravention of s 47
(1)(a) and two counts of attempted murder in contravention s189 as read with section 47 (1) of the Criminal Code respectively. She was jointly charged with one Faison Tomu ‘Faison’ who has since absconded. This judgment therefore relates to the accused only. More
The two accused persons, accused one and accused four, have been convicted of unlawful into premises inaggravating circumstances as defined in s 131(1) and (2) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] and one count of murder as defined in s 47(1)(a) of the same Act.
In respect of count one, the Act provides for a penalty of imprisonment for a period not exceeding fifteen years. In the case of count two the Act in s 47(4)(a) provides for sentence of death, imprisonment for life or imprisonment for any definite period of not less than twenty years,... More
The accused was initially charged with three counts of contravening s 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. However, the trial court, not being satisfied with the testimony of the complainant returned a verdict of contravening s 70. The accused was sentenced to four years imprisonment of which two years were suspended for five years on condition of good behavior. The remaining two years were suspended on condition accused completed 630 hours of community service at Guruve Clinic.
The accused and the complainant who was at the material time aged twelve years reside at different plots... More
The accused was initially jointly charged with another before their trials were separated. He was convicted on his own plea of guilty for unlawful entry into premises in aggravating circumstances as defined in section 131 (1) as read with section 131 (2)(e) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Act). The accused was then sentenced to 12 months imprisonment of which 6 months were suspended for 5 years on the usual condition of good behaviour. The other 6 months imprisonment were made effective. More
The accused was charged with the crime of murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The state alleged that on the 24th of January 2015 at Mutengwa village, Chief Neshangwe, Sadza, the accused unlawfully and with intent to kill, struck Besta Mashonganyika with a hoe once on the back of the head killing her instantly. More
