The record of proceedings in this matter was placed before me together with the correspondence between the trial magistrate and the learned scrutinising Regional Magistrate. In his letter addressed to the Registrar of this court the learned scrutinising magistrate raises two critical issues. The first issue is the clear failure by the trial magistrate to advert to the provisions of s 64 (3) of the Road Traffic Act [Chapter 13:11] and demonstrate a full appreciation of its implication. More
The accused faces a charge 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 6 January 2017, at Utseya Village, chief Mushayavanhu, Chimanimani, he, with actual intent or realizing the real risk or possibility of death, struck Enia Maronga with a pestle multiple times on the head thereby inflicting injuries from which the said Enia Maronga died. He pleaded not guilty. More
Four matters were placed before us in terms of s 58 (3) (b) of the Magistrates Court Act [Chapter 7:10] (the Act) by the scrutinizing regional magistrate. More
The accused who was charged with the murder of his father whom he killed with an axe on 9th May 2012, tendered a special plea of not guilty by reason of insanity. The agreed facts as per exhibit one were as follows: More
The accused was 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] where the state alleges that on 29 May 2017 at Dzingire Village, Chief Muusha, Chimanimani, the accused unlawfully caused the death of Loyce Mafake by assaulting her several times all over the body using a log intending to kill her resulting in injuries on the chin, left cheek and on the side of left eye from which she died. More
The accused appeared in court on 21 September 2017 on two charges, the first one of murder as defined in s 47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the code) and the second one being attempted murder as defined in s 189 (1) as read with s 47 (1) of the Code. More
The registrar placed before me the record of proceedings in the above matter from the Regional Magistrate in Chinhoyi with the following minute attached to it.
“The Registrar
High Court of Zimbabwe
HARARE
APPLICATION FOR REVIEW OF THE RECORD OF PROCEEDINGS: STATE v PHILLIP MATSVERU: CRB CHNR 101/16 More
The accused was charged with murder in that on the 5th of October 2015 at 3377 Chibuku Industrial Area, he unlawfully and with intent to kill stabbed Lesley Motsi with an Okapi knife on the throat causing injuries from which the said Lesly Motsi died. More
The accused persons were convicted of stock theft in contravention of s 114 of the Criminal Law Code [Cap 9:03] by the magistrates court sitting at Chinhoyi. The first accused person having been convicted in terms of s 114 (2) (d) was sentenced in terms of para (f) of subs (2) of s 114 to a fine of $400.00 or in default of payment, 4 months imprisonment. In addition he was given a wholly suspended prison term of 10 months. More
Accused is charged with 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 14 May 2019 and at Mapinge Village, Chief Mutema, Chipinge, accused unlawfully caused the death of Trust Muzvireki by striking him with wooden logs all over the body intending to kill Trust Muzvireki or realising that there was a real risk or possibility that his conduct might cause the death and continued to engage in that conduct despite the risk or possibility resulting in injuries from which Trust... More
The accused persons both pleaded not guilty to a charge of murder. It is alleged that on the night of 28 May 2015, at Tandarai Bar (“the bar”) in Chikanga Phase 3, Mutare, the two accused persons, with intent to kill, or realising that there was a real risk or possibility that their conduct may cause death and continued to engage in that conduct despite the risk or possibility, assaulted Trymore Mlambo several times all over his body with clenched fists and booted feet and hit him with an empty beer bottle on the right upper arm thereby causing serious... More
The accused was charged with failure to comply with an order of the Maintenance Court to make regular monthly payments towards the upkeep of his children in contravention of s 23 (1) of the Maintenance Act, [Chapter 5:09] (“the Maintenance Act”). He pleaded guilty and the trial proceeded in terms of s 271 (2) (b) of the Criminal Procedure and Evidence Act, [Chapter 9:07]. The statement of agreed facts indicate that the accused is currently and was at the time of failure to comply, unemployed. When asked if he had any defence to offer the accused said he had none. More
The three accused persons were jointly charged with the murder of Tinos Chihoro who died at Parirenyatwa Hospital on 10 October 2014 from injuries sustained in the course of a robbery that took place in the early hours of 6 October 2014 along Leopold Takawira Street near the Harare Gardens in Harare. More
At the commencement of trial on 10 March 2010, two accused persons were charged with the murder of the 51 year old Joseph Chikova who was brutally killed in the course of a robbery on 10 July 2007 at 26 Davey Road Fern Valley Mutare. Both accused persons pleaded not guilty. A trial within a trial was held to determine the admissibility of certain statements that were attributable to the first accused person. The result of that exercise was a finding that there was a reasonable possibility that his statement was not made freely and voluntarily. It was not admitted... More
