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
On 20 January 2006 the 22 year old accused person stole a brown calf belonging to the complainant at Chegate Farm Nyazura. He slaughtered it and consumed all the meat. It was valued at $5 million. More
This matter was placed before me for review as far back as May 2018. Initially I had a problem in reading the trial magistrate’s hand writing and I requested that the record be transcribed. That was done in July 2018. More
The accused faces a charge of murder it being alleged that on the 17th of November 2016, at Ross Common Estate, Chimanimani, he, with actual intent or realizing the real risk or possibility of death, struck Bigboy Matsangaise with an iron bar on the head, face and body thereby inflicting injuries from which the said Bigboy Matsangaise died. He pleaded not guilty to the charge. More
The trial magistrate convicted the accused in this case for robbery as defined in section 126 of the Criminal Law (Codification and Reform) Act, [Cap9:23]. He sentenced the accused to 16 years imprisonment of which 4 years imprisonment were suspended on condition that the accused makes restitution through the clerk of court in favour of the complainant before a specified date. The trial magistrate thereafter realised that in passing the sentence, he had exceeded his sentencing jurisdiction set out in the Magistrates Court Act, [Cap 7: 10]. He then addressed correspondence to the registrar of this court in the following... More
“Much ado about nothing.”; “Storm in a tea cup.” One cannot find a better phrase to aptly describe the comedy of errors displayed by the National Prosecuting Authority and in particular its Acting Prosecutor General. An important and serious case involving a high ranking Government and Constitutional appointee in the stead of the Prosecutor General who is the head of the National Prosecuting Authority, albeit on suspension, was reduced to a huge fuss over a trifle. Incidentally William Shakespeare, the great English poet, play-writer and actor was the author of both comedies “Much ado about nothing” and “Comedy of errors.”... More
The accused pleaded not guilty to firstly a charge of murder as defined in section 47 of the Criminal Codification Reform Act in which it is alleged that on the 23rd of September 2011 at Chiadzwa Diamond Base, Marange, the accused with intent to kill or realizing that there was real risk or possibility that death may occur assaulted Tsorosai Kusena with several sticks all over his body thereby inflicting injuries from which the said Tsorosai Kusena died. Secondly, the accused pleaded not guilty to three charges of assault, as defined in section 89 of the Criminal Law Codification Reform... More
