Theaccused was 17 years old at the time of the commission of the offence. He has been arraigned in this court on a charge of murder. It is alleged that on the 2nd of September 2016 and at Methodist College, Makokoba, Bulawayo, the accused stabbed the deceased, Fulton Moyo once on the lower body with an unknown object and once with an Okapi knife intending to kill him. The accused pleads not guilty to the charge of murder. He tenders a plea of guilty to the lessor charge of culpable homicide. The state rejected the limited plea and the matter... More
On the night of 5th November 2018 around 1900 hours, the 21 year old accused and the deceased, who was aged 26 years at the time he met his tragic death were at Teakdale Bottle Store, Nyamandlovu drinking alcohol. Also present at the bar was Jabulani Sibanda, a friend to both accused and the deceased. Large quantities of beer were consumed by the accused, the deceased and Jabulani. The accused was consuming an alcoholic drink known as “Ranger”. It is a highly potent spirit. That night alone the deceased drowned at least 10 bottles. The bottles contain (250ml). At around... More
The accused was facing a charge of murder as defined in section 47 of the Criminal Law (Codification and Reform) Act, Chapter 9:23. He pleaded not guilty but tendered a limited plea to culpable homicide as defined in section 49 of the Criminal Law Code. The state accepted the limited plea. The agreed facts upon which the limited plea acceptance was premised are that on 8 November 2022 at around 1600 hours the deceased who was drunk went to Mahobo Business Centre Lupane and proceeded to Ntuthuko Store where accused was employed. The deceased insulted the accused by his mother’s... More
The accused was arraigned before this Court on 5th October 2020 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 7th of April, under a Mususu tree along a foot path leading to Mandawe Line, Chief Siphoso, Tsholotsho, the accused unlawfully stabbed Khululani Sibanda with a knife once on the stomach intending to kill him or realising that there was a real risk or possibility that his conduct may cause death but continued to engage in that conduct despite the risk or possibility. More
The accused faces a charge of murder. It being alleged that on the 21st of January 2021 he assaulted his wife Marylene Walters resulting in her death. Accused denies the charge, he was offered a limited plea to a charge of culpable homicide. The following were tendered into the court record:
- the state summary
- the accused’s defence outline
- the accused’s warned and cautioned statement
- the post mortem report
- the sticks that were allegedly used in the commission of the offence. They were all duly marked.
The post mortem report gives the case of death as:... More
The issue which arises in this matter is a novel one to say the least.
This matter was referred to me by a Magistrate at Chiredzi for what is called “guidance”. I assumed that I am being requested to exercise my review powers as provided for in s 29(1) of the High Court Act, [Cap 7:06]. The background facts of the matter would be useful in the circumstances. More
The state allegations are that on 10 September 2022 the deceased’s husband left the farm where they resided at Plot 3 Kennelys Nyamandlovu. On 11 September 2022 the accused who was employed at the deceased’s farm made a report to the neighbours that they had been attacked by robbers. The neighbours rushed to the deceased’s home and discovered the deceased’s body lying lifeless on the floor in a pool of blood. In his defence the accused did not dispute assaulting the deceased using a knobkerrie. He also did not deny lying to the neighbours about a robbery. He however explained... More
TAKUVA J: The accused persons were charged with murder in contravention of section 47(1) of the Criminal Law Codification and Reform Act [Chapter 9:23] (the Act). It being alleged that on 26 December 2018 at Ncube’s homestead Fort Rickson the accused persons assaulted the now deceased with stones, a hoe handle and stabbed Edson Hlupho on the left side of the chest intending to kill him or realising that there was a risk or possibility that he might die. More
The accused was charged with the crime of murder in terms of the Criminal Code. It was alleged that on 24 December 2018, outside house number 22Matshobana Township in Bulawayo, he stabbed the deceased Jonathan Phiri once on the right shoulder with a knife intending to kill him or realizing that there is a real possibility that his conduct could cause the death of the said Jonathan but nonetheless continued to engage in that conduct despite the possibility or risk leading to the death of the deceased.
It was allegedthat the accused was 23 years old at the time the... More
You appear before us on a charge of murder to which you pleaded not guilty. You tendered a plea of guilty to culpable homicide which the state accepted.
The statement of agreed facts, post-mortem report and the two pieces of a wooden plank were subsequently produced. The plank is what was used to assault the now deceased.
The statement of agreed facts revealed that on 10 August 2020 you were attending a working party with the now deceased. You had an argument over a cup of traditional beer which you were drinking. As a result you took a sharp edged... More
The accused person was convicted by this court of the crime of murder in contravention of s 47(1) of the Criminal Law (Codification and Reform) Act (Chapter 9:23) on 25 January 2017. This court having found that the murder was committed in aggravating circumstances of robbery and unlawful entry into a dwelling house, it imposed the penalty of death. More
: I am amazed by the reasoning of the trial Magistrate in this matter. The mind boggles why a lot of time and resources were wasted in this case by embarking on a trial when the accused was clearly pleading guilty to the charge. To make matters worse, the trial Magistrate decided to convict the accused on a charge or offence which is not even a permissible verdict. The faulty and warped reasoning by the trial Magistrate is that since theft entails an element of dishonesty it would stand to reason that fraud which also entails an element of dishonesty... More
the accused
MOYO J: The accused person faces a charge of murder, it being alleged that on the 6th of June 2020, he assaulted the deceased SibongileChareva with a whip and switches all over the body, resulting in her sustaining fatal injuries and thereby causing her death. The accused tendered a limited plea to culpable homicide. The state accepted the limited plea. A statement of agreed facts was drawn and tendered. It was marked Exhibit 1. More
The accused faces a murder charge in contravention of section 47 of the Criminal Law (Codification and Reform) Act (Chapter 9:23). It was alleged in the state outline that the deceased and several others, had set up a temporary base for illegal gold miners at a bush at Lonely Star mine. They were warming themselves around a fire. The accused allegedly arrived in the company of his uncle and friends. They were looking for one Prince Mwale, a step brother to the accused. They accused him of having assaulted one of their friends, earlier in the day. The accused confronted... More
