Maxim Matsetu who I will in this judgment call the convicted person appeared before a senior Magistrate at Mbare magistrate’s Court charged with the contravention of s 49 (1) (a) of the Criminal Law (Codification and Reform) Act [Cap 9;23] (culpable homicide). He pleaded guilty and was convicted on his own plea. He was sentenced to 6 months imprisonment of which 2 months were suspended on conditions of good behaviour. More
The accused is appearing before this court charged with the crime of murder as defined in section 47 of the Criminal Law (Codification and Reform) Act Chapter 9:23. It is alleged that on 30 May 2014 the accused unlawfully caused the death of Brian Moyo (deceased) by striking him with a log on the head intending to kill him or realising that there is a real risk or possibility that his conduct may cause the death of the deceased and continued to engage in that conduct despite the risk or possibility. More
DUBE-BANDA J: The accused is charged with the crime of murder as defined in section 47 of the Criminal Law (Codification and Reform) [Chapter 9:23]. It is alleged that on the 2nd February 2018, and at Village Mapiye, Chief Samambwa, Zhombe in the Midlands Province, accused unlawfully caused the death of Tariro Kambarami (deceased), by stabbing her with a spear several times on the head, chest and arms, intending to kill her or realising that there was a real or possibility that his conduct may cause her death and continued to engage in that conduct despite the risk or possibility. More
DUBE-BANDA J: The accused appears in this court on two counts of murder, as defined in section 47(1) of the Criminal Law (Codification and Reform) Chapter 9:23.In count one, it being alleged that on the 8th January 2020, and at Village Madhiye, Chief Mazvihwa, Zvishavane, in the Province of Midlands, accused unlawfully caused the death of Blessed Hove (deceased 1) by striking her with an adze and stabbing her several times on the face, neck, legs, hands, stomach and back, intending to kill her or realising that there was a risk or possibility that his conduct may cause death and... More
This matter was placed before me on automatic review. The accused was charged with the crime of having sexual intercourse with a young person as defined in s 70(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (Criminal Law Code). Section 70 of the Criminal Law Code makes it a crime for anyone to have extra-marital sexual intercourse with a young person or to commit indecent acts with a young person. In this case it was alleged that the accused had unlawful extra marital sexual intercourse once with the complainant a girl under the age of sixteen. According... More
1. The accused person is charged with the crime of murder as defined in section 47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It being alleged that on the 26 May 2018,at Corner Helen Lane and Harold Road, Kensington he shot Tinashe Mutema (deceased) at the back and once on the lower backbone intending to kill him or realising that there was a real risk or possibility that his conduct may causehisdeath continued to engage in that conduct despite the risk or possibility of death. More
1. This review is at the instance of the scrutinising Regional Magistrate. The accused was arraigned before the Magistrates’ Court sitting at Western Commonage, Bulawayo. He was charged with two counts, count 1 being the crime of contravening section 6(1) and 6(5) of the Road Traffic Act [Chapter 13:11] (No driver’s licence). It being alleged that on the 26 February 2022, and along Rangemore Road, opposite Pure Gas, inTshabalala, Bulawayo, accused drove a motor vehicle without a driver’s licence. More
DUBE-BANDA J: The accused appears in this court on a charge of murder, as defined in section 47(1) of the Criminal Law (Codification and Reform) [Chapter 9:23]. It being alleged that on the 10th May 2019, at Limon Ncube’s homestead, Sikhamaswe Village, Sun Yet Senthe accused stabbed LiazaNdlovu (deceased) once on the chest, once on the right palm, once on the right ear and once on the right side of the neck intending to kill her or realising that there was a real risk or possibility that his conduct may cause the death of the deceased continued to engage in... More
At the end of a criminal trial the court makes up its mind as to whether the State has proved its case against the accused beyond reasonable doubt and that is what is normally contained in a judgment (See G Feltoe’s Magistrates’ Handbook Revised Edition 2021 at p 345). This implies a reasoned judgment. In this case, however, we acquitted the accused persons when, after a protracted trial when the Prosecutor General threw in the towel and exercised his prerogative to stop the prosecution in terms s 8(2) of the Criminal Procedure and Evidence Act [Chapter 9.07]. We gave our... More
The accused appears before this court facing two counts. In count 1 being a charge of murder as defined in section 47 of the Criminal law [Codification and Reform] Act Chapter 9:23. It being alleged that on the 2nd May 2021, accused unlawfully caused the death of Tedious SibandaSiasumpa (deceased) by striking him with a log twice on the head,intending to kill him or realising that there is a real risk or possibility that his conduct may cause the death of deceased and continued to engage in that conduct despite the risk or possibility. More
The accused appears before this court on a charge of murder as defined in section 47 of the Criminal law [Codification and Reform] Act Chapter 9:23. It being alleged that on the 26th May 2021, accused unlawfully caused the death of Ernest Ncube (deceased) by striking him a switch several times all over the body and further struck him with the back of an axe once on the back of the back and stamped on his stomach several times with botted feet intending to kill him or realising that there is a real risk or possibility that his conduct may... More
The six accused persons appeared before the court facing one count of murder in contravention of s 47 (1) of the Criminal Code. The state alleged that on the 25th of July 2020 the accused persons with common purpose assaulted the deceased indiscriminately with logs, open hands and clenched fists leading to his death. They suspected the deceased to have stolen the 1st and 4th accused’s cattle. They then dragged him to their vehicles and took him to Nyabira Police Station. The deceased later died of injuries. More
The accused appears before this court on a charge of murder as defined in section 47 of the Criminal law [Codification and Reform] Act Chapter 9:23. It being alleged that on the18th June 2021, accused unlawfully caused the death of John Mudenda(deceased) by striking him on the head several times and stamping on his chest several times with booted feet and striking him with an open hand on the checkintending to kill him or realising that there is a real risk or possibility that his conduct may cause the death of deceased and continued to engage in that conduct despite... More
The accused person is charged with the crime of murder as defined in section 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It being alleged that on the 24th April 2021, accused unlawfully caused the death of Simati Mefias Mudimba (deceased) by striking him with an axe two times, once on the head and once on the neck intending to kill him or realising that there was a real risk or possibility that his conduct may cause his death continued to engage in that conduct despite the risk or possibility. More
The accused, Mr Simon Gamha appeared before the Magistrates Court and this court as a representative of a company called Silver Bern International (Private) Limited. The accused appeared before the lower court and this court in terms of s 385(3) of the Criminal Procedure and Evidence Act [Chapter 9:07], which provides that in any criminal proceedings against a corporate body, a director or employee shall be cited and be dealt with as if he were the person accused of having committed the offence in question. More
