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
TAKUVA J: This record was referred to the Registrar of this Court by the learned Regional Magistrate Hwange with the following request;
“… I therefore humbly seek guidance on whether the reformed law under the Criminal Code now criminalises mere utterances that one is a witch or a wizard without any reasonable basis or grounds and without imputing the use of non-natural means.” More
The 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] in which the state alleges that on 26 November 2019 and at Village 12 C, Mutanda 3, Josias, Nyazura, the accused unlawfully caused the death of Tichaona Everson Zambuko (alias Zhabha) by assaulting him with an unknown object on the 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... More
This matter was placed before me on automatic review in terms of section 57 (1) of the Magistrates Court Act [Chapter 7:10]. The accused appeared before the Magistrates Court sitting in Filabusi. He was charged and convicted with one count of contravening s 3(1) as read with s 3(3) of the Gold Trade Act [Chapter 21:03] i.e., possession of gold without a licence. It being alleged that on 9 January 2023 and at Britain Gold mine, Filabusi, the accused possessed 0.229g of gold without a licence as required by the Act. More
This matter was referred to the Registrar by the learned Regional Magistrate at Plumtree.
The accused was convicted on his own plea of guilty of contravening section 10 (1) (A) as read with section 10 (3) of the Environmental Management Act (Control of Hazardous Substances) (General) Regulations 2018 (S.I 268/2018) “Store or sell Hazardous Substance without a licence” by a Magistrate at Plumtree on 27 September 2020. He was sentenced to pay a fine of “ZWL $1200-00 in default of payment 90 days imprisonment. The 66 x 30 litres petrol and 200 l x 2 petrol be and are hereby... More
The accused was convicted on a charge of culpable homicide arising from a road traffic accident in contravention of s49 (a) of the Criminal Law Code. He was sentenced to pay a fine of $30 000 in default of payment 60 days imprisonment. In addition 6 months imprisonment was conditionally suspended for 5 years. In addition the accused was prohibited from driving all classes of vehicles for 2 years. The accused drove a Freightliner truck towing a trailer loaded with 30 tonnes of polythene bags of maize. Four passengers were on board sitting on the polythene bags. The deceased was... More
1.1. This record of criminal proceedings was referred to this court ostensibly in terms
of theMagistrates Court Act, [Chapter 7:10], the Magistrate being of the view that only the High Court has the power to bring into operation that portion of a sentence which it (i.e. High Court) suspended in a previous matter. More
