The State bungled one of the charges preferred against the accused. The trial magistrate not only missed that, but it also mishandled the sentencing options. That is what has prompted this review judgment. More
The two accused persons, Jealous Nemaringa and Patrick Marufu, were jointly charged with murder. The allegations against them were that on 28 September 2015, in rural Bikita, Masvingo, one or other or both of them unlawfully caused the death of the deceased, one Farai Manyanga. They allegedly hit him with logs on the head multiple times. More
On 16 August 2016 the accused struck and killed the deceased. He was charged with murder. He pleaded self-defence. A trial ensued over two days. Only two witnesses gave oral testimony: the deceased’s wife, Jennifer Mushandu [“Jennifer”], and the accused himself. More
This review judgment has been occasioned by my routine visit to Mutimurefu Prison in Masvingo on 13 May 2017. During the normal interface with the prisoners the accused/prisoner in both cases herein raised a complaint to the effect that prison authorities were improperly interpreting the sentences imposed upon the accused in both cases, being CRB CH 707/15 and CRB CHR 38/16. After I engaged the Officer in Charge of the Prison it dawned upon me that indeed there was a dispute as to the total sentence accused was to serve. The prison authorities and the accused had different interpretations to... More
On Christmas day, 25 December 2018, the accused in the company of the deceased left Bethania Business Centre after some beer drinking. Along the way, they met up with Learnmore Chipangura who was in the company of his wife Anyway Tariro Nyamuponza, Ronald Phiri and the latter’s wife Tanyaradzwa Kachera when Learnmore Chipangura started to call the accused person by his nickname. The accused person started to shout at Learnmore not to call him by his nickname but he kept on doing so and a fight ensued. Learnmore then punched the accused who fell down and the accused then drew... More
Accused was arraigned before us charged with the crime of Murder as defined in s 47 (1) (a) or (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] where it was alleged by the State that on 17 September 2017 and at subdivision 3 Larmour Estate, Old Mutare, Chief Mutasa, Penhalonga, the accused unlawfully caused the death of Blessing Kuipa by running over her thrice with a Toyota Corolla thereby causing injuries from which the said Blessing Kuipa died. The accused pleaded not guilty to murder.
The State and defence counsel produced a statement of agreed facts and... More
On 3 October 2019 at Munorwei Village, Chief Nyashanu, Buhera, all three accused who are siblings assaulted Kasirai Masawi using a log, catapult and stones all over the body leading to his death. They are now being charged with murder. More
The accused was arraigned before the Senior Magistrate sitting at Zaka and convicted after a trial of contravening section 13(1) of the Criminal Law (Codification and Reform) Act [Cap 9:23] which relates to unlawful entry into premises in aggravating circumstances. More
Both accused persons are charged with murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act [Cap 9:23]. The charge is that on 1 October 2016 at stand number 72-3 Mhandamabwe business centre in Chivi, Masvingo both accused More
This matter came before me for automatic review in terms of section 57(1) of the Magistrates Court Act [Chapter 7:01]. The three accused persons who were unrepresented faced assault charges as defined in section 89(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It being alleged that on 31 January 2023 at a business Centre in Mrewa one, each or all of them unlawfully committed an act of assault upon Evidence Chiponda by grabbing him once on the neck, hitting him once on the face and stabbing him twice on the stomach with a broken beer bottle intending... More
The two accused were charged with the offence of contravening s 72 (b) of the Magistrates Court Act, [Chapter 7:10]. The charge arose out of the following allegations. On 4 September 2017 a messenger of Court attached certain items of property which belonged to or was under both accused’s possession or control. The property included motor vehicles. The Messenger of Court served the two accused with the appropriate notices of attachment as regarded by law. When he reported to the accused’s premises to remove the property which was under judicial attachment, he established that the accused had removed the property.... More
the accused faced a charge of murder as defined in s 47 (1) of the Criminal Law (Codification & Reform) Act, [Cap 9:23] in that on 24 June 2012 at Marindire village, Chief Makumbe, Buhera, she, with actual intent or realizing the real risk that death may result, forced Patience and Panashe Marindire to drink diametheate, the poisonous chemical, from which the two children died. She pleaded not guilty. Most of the facts constituting the basis of the allegations of this double murder are either common cause or not in serious dispute. I will send them out. More
The accused was charged with the crime of murder in contravention of section 147 of the Code in that on 27 June 2018 at around 1500 hours, along a footpath at Sikhewu village under Chief Sikhobokhobo area of Nkayi, the accused unlawfully struck Sibusisiwe Sigauke several times on the head with a hoe handle and also stabbed her on the throat with a knife intending to kill her or realising that there is real risk or possibility that his conduct may cause death but nonetheless continued to engage in that conduct despite the risk or possibility.
In answer to the... More
This record was referred to me by the Acting Regional Magistrate Bulawayo with the following comment;
“Please place the above record before the Honourable Judge for direction.
Accused was facing 10 (ten) counts i.e 1 to 10 and he pleaded not guilty to all of them.
Trial was held in respect of count 1 and 2 and a verdict was entered. From count 3 to 10 no trial was held.
However the trial Magistrate proceeded and entered a verdict of not guilty and acquitted the accused.
May the Honourable Justice direct as to whether the proceedings were proper or not... More
