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
The accused was unrepresented. He was convicted on his own plea of guilty to stock theft as defined in s 114[2][a] of the Criminal Law [Codification and Reform] Act, [Cap 9:23] [“the Criminal Law Code”]. He stole one heifer and exchanged it for a bicycle. The heifer was subsequently recovered. The court found no special circumstances. It imposed the mandatory minimum sentence of nine years imprisonment. The matter has now come up on automatic review in terms of s 57 of the Magistrate’s Court Act, [Cap 7:10]. More
This case has its roots in domestic violence and shows the fatal consequences that can result from it for innocent children. The accused who was charged with murder pleaded not guilty to murder and tendered a limited plea of guilty to culpable homicide. The agreed statement of facts as presented to the court were as follows: More
The accused faces two counts of murder and one of attempted murder. The allegations are that on 20 August 2016, he unlawfully and intentionally caused the death of Rugare Kahlamezi and her grandchild Faith Chateya and attempted to murder Vimbai Charumbira. He had poured 1.25 litres of petrol on a thatched hut and entrance and lit it resulting in a fire which engulfed the whole hut. More
The record in the matter between the State v Allan Mukodzani CRB MUTP 2504/17 was referred for review by the magistrate to whom the matter had been referred to internally for a trial de novo by the trial magistrate who heard the matter after she had recused herself. 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], (The Criminal Law Code). In which it is alleged that on 24 December 2018 at House Number 1892, Chikanga 2, Mutare, the accused unlawfully caused the death of Vitalis Mudhumo by striking him with an axe on the neck several times intending to kill the said Vitalis Mudhumo or realising that there was a real risk or possibility that her conduct might cause death and continued to engage in that conduct despite the realisation. More
The accused was charged with murder in that on the 8th day of
September 2016 at Umsweswe bottle store, Pingo in Kadoma, he unlawfully and with intent
to kill caused the death of Linda Runyararo Mushangi by stabbing her on the stomach with a
knife causing injuries from which she died. More