The accused pleaded not guilty to rape. Nevertheless, after a full trial, he was convicted as charged. The court sentenced him to twelve years imprisonment. Two years imprisonment was suspended for five years on the usual condition of good behaviour. Thus, ten years imprisonment remained effective. More
This is a trial within a trial on the admissibility of indications made by four accused persons leading to the recovery of a fire arm purportedly used in the commission of a murder for which they stand trial. The Detective Inspector Nzirawa had been about to lead evidence of the indications which led to the recovery of the fire arm purportedly used in the commission of the murder. This was challenged by counsel for accused’s 1, 2, 3, and 4 on the basis that the evidence of the said indications had been improperly obtained. More
On 24 May 2018 Tafadzwa Gwata and Tapiwa Tsamba (the accused) appeared before Guruve resident magistrate charged with the crime of contravening s 189 as read with s 114 (2) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It was alleged that on 1 May 2018 and at Omeath 2 C Extension, Mvurwi the two unlawfully and intentionally attempted to take one bull the property of an unknown person knowing that the State is entitled to own possess or control the property intending to deprive the State of its ownership, possession or control of the property. More
In this case the accused was arraigned before the court on one count of attempted murder and 3 counts of murder. First it is alleged that on 16 September 2018 at Mangwiro Homestead Marindire Village, Headman Mombeyarara, Chief Makumbe Buhera, Takadu Oxford Mangwiro unlawfully attempted to cause the death of Farai Mandigo by shooting at him twice with a 303 BSA rifle with intent 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, secondly in that on the... More
If the biblical story of Cain treacherously killing Abel prepares us for the unthinkable spectre of brother killing a brother, and if the love of money is indeed the root of all evil, this case locates itself squarely within such parameters More
The accused was convicted on his own plea of guilty to physical abuse as defined in section 4 (1) as read with section 3 (1) (a) of the Domestic Violence Act, [Chapter 5:16]. He was sentenced to 14 months imprisonment of which 7 months imprisonment is suspended on condition he performed community service. The brief facts upon which he was convicted are that the accused stays together with his uncle, the complainant Stanley Madyambudzi, aged 56. There was a misunderstanding over food. The accused then assaulted the complainant using clenched fists and booted feet all over his body. He also... More
The accused was facing
(i) a charge of Rape as defined in s 65 C (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] and
(ii) A charge of murder as defined in s 47 (1) (a) of the Criminal Law (a) (Codification and Reform) Act [Chapter 9:23]. More
The accused was charged with rape. He pleaded not guilty. He was not represented. He was convicted and sentenced to 13 years imprisonment with 2 years suspended for 5 years on the usual condition of good behaviour. We think the evidence was insufficient to sustain the conviction. More
The accused person, who was 28 years old, was arraigned before a Chivhu provincial magistrate on 13 August, 2010 facing four counts of unlawful entry into premises in contravention of s 131 (1)(a) of the Criminal Law (Codification and Reform) Act, [Cap 9:23]. He pleaded guilty to all the charges and was sentenced to nine years imprisonment, 3 years of which were suspended for five years on the usual condition of future good conduct, all counts having been taken as one for sentence. 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 is alleged by the State that on 3 July 2019 and at Mutsai Village, Chief Makoni, Rusape, the accused unlawfully caused the death of Violet Chisango by striking her on the right side of the neck with an axe with intent to kill 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 thereby causing... More
The two accused persons are jointly charged with murder. They are alleged to have killed the 28 year old Given Dandajena , a secondary school teacher at a local school, on 31 July 2010 at Sekanevamwe bottle store, Kapondoro business centre in Mutoko by kicking him with booted feet several times on the head and all over his body. They denied the charge. More
The accused faces a charge of murder it being alleged that on 4 January 2017 at Mavhuka Village, Buhera he unlawfully and with intent to kill, or realising the real risk or possibility that his conduct may cause death, struck Rejoice Bulelwa with a stone on the head twice thereby inflicting injuries from which Rejoice Bulelwa died. More
The accused’s counsel raised a preliminary point in his closing submissions that the accused, in this criminal trial, did not receive a fair trial because counsel had requested a postponement when the trial started on the 19th of October 2017. The correspondence on file indeed confirms he had received the file ahead of time and had written to the Registrar on the 25th of September confirming appointment as pro deo counsel. He had also requested that the accused be availed to take instructions from him so as to prepare his defence outline. The accused had not been availed. More
This record of proceedings was placed before me by the Registrar for review at the instance of the Chief Magistrate.
The circumstances giving rise to the request for review are as follows. The accused was charged with and convicted of theft of trust property as defined in s 113 (2)(d) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] on 27 February 2019. He was sentenced as follows:
“$200/3 months imprisonment. In addition, 2 months’ imprisonment wholly suspended on condition accused restitutes the complainant in the sum of $600 through the Clerk of Court Harare on or before 31... More
On the 24th of October 2020 and at Kenz Bar, Kenzamba the accused in the company of two other accomplices assaulted the deceased one Richard Makazhu with booted feet and clenched fists resulting in the death of the deceased. The two accomplices have since absconded, the accused is before us charged with murder in contravention of s47 (1) of the Criminal Law Codification and Reform Act (Chapter 9:23). More
