Accused faces a charge of murder, it being alleged that on the 17th of May 2022 and at York Business Centre Mberengwa, he unlawfully caused the death of Musawenkosi Hungwe by striking him with a wooden log on the head three times.
Accused denied the charge and instead tendered a limited plea to the charge of culpable homicide. The state accepted the limited plea and the parties drew and tendered a statement of agreed facts which was marked Exhibit 1. More
The possession of cocaine is a serious offence. Invariably, an accused convicted of the possession of cocaine must be handed a custodial sentence. The quantity of the cocaine is a critical factor to consider, however even where small amounts are involved, due to the harmful consequences of this drug, a sentence of imprisonment is deemed appropriate. Whilst there is a catena of case law on the range of sentenced impose in the possession of dagga in this jurisdiction, there are not that many cases dealing with appropriate sentenced involving the possession of cocaine. More
MAKONESE J: The accused was aged 44 years at the time of the commission of the offence. The deceased was her husband. He was aged 52 years when he met his demise. The accused appears in this court facing one count of murder in contravention of s47(1) of the Criminal Law Codification and Reform Act (Chapter 9:23). The accused tenders a plea of not guilty but avers that at the time of the commission of the offence she was suffering from a mental defect. She did not appreciate the consequences of her actions and was not criminally liable. The state... More
On the 25th July 2017 at around 2200 hours and outside his residence at 631 Emganwini, Bulawayo, the accused shot and injured deceased. The accused made a report at ZRP Nkulumane. He alleged that he shot the deceased who had attempted to rob him as he was parking his motor vehicle outside his gate. The deceased was conveyed to Mpilo Hospital where he died on 29th August 2017. The deceased succumbed to a gunshot wound. More
This matter was placed before me by the Registrar on automatic review. The accused was charged with contravening section 57 (a) of the Road Traffic Act Chapter 13:11 “ unlawful contact with a motor vehicle” in that on 25 June 2021 he used a T-shaped metal bar to open the front driver’s door locking device of a motor vehicle belonging to the CMED (Pvt) Ltd. Police officers spotted and arrested the accused in the act. He pleaded guilty and was convicted on his own plea. More
This matter was placed before me for review. The trial Magistrate in the covering note indicated that he made an error in sentencing the accused, he exceeded the sentence provided for in the statute. More
The accused is charged with contravening section 47 (1) of the Criminal Law Code. He denied the charge and prayed for his acquittal on the murder charge. Both the accused and the deceased were 26 years old at the time of the fatal incident.
The state case was briefly that on 27 November 2018, both were drinking beer separately at Mabhachi Bottle Store in Zhombe. The accused suddenly confronted the deceased over a misunderstanding they had the previous year. He then quickly stabbed the deceased once with a knife on the lower side of the stomach. He tried to stab... More
TAKUVA J: This matter was placed before me on automatic review in terms of section 57 of the Magistrates’ Court Act (Chapter 7:10)
The accused was arraigned before a Regional Magistrate at Bulawayo on seven (7) counts of contravening section 89 (1) (a) as read with Statutory Instrument 4/2000 of the Postal and Telecommunications Act Chapter 12:05 “destroys, injures or removes any telecommunication line belonging to or used by telecommunication licence”. More
Accused faces a charge of murder, it being alleged that on the 25th of May 2022 and at Zuva Tuckshop, Mazalayedwa, Gokwe South, accused caused the death of Simon Chikumbirike by hitting him with a log on the head and all over the body several times.
The accused denied the charge and tendered a limited plea to a charge of culpable homicide. The state accepted the limited plea and drew and tendered a statement agreed facts. Also tendered was the accused’s confirmed warned and cautioned statement, post mortem report and the weapon that was allegedly used in the commission of... More
The accused faces a charge of murder, it being alleged that on the 12th of December 2021, he assaulted his wife Silethokuhle Gumbo several times all over the body with a rubber whip, booted feet and open hands intending to kill Silethokuhle Gumbo or realizing that there is a real risk or possibility that his conduct may cause the death of Silethokuhle Gumo but continued to engage in that conduct despite the risk or possibility. The accused denied the charge. He tendered a limited plea of guilty to the lessor charge of culpable homicide. More
MAKONESE J: The offences of malicious damage to property and assault are two distinct offences whose essential elements are separate and dissimilar. The penal provisions for the two offences are not the same. The offences are not similar in nature. Trial magistrates must treat these distinct offences separately with regards sentence. It is clearly incorrect to treat the charges of malicious damage to property and assault as one for the purposes of sentence, even in circumstances where the offences are closely linked in terms of time. A globular sentence is inappropriate for these offences. More
KABASA J: The accused is charged with murder as defined in section 47 (1) of the Criminal Law (Codification and Reform) Act, Chapter 9:23, in that on 2nd August 2020 at HloniphaniTapsonMoyo’s homestead, Denge Line in Tsholotsho, he unlawfully struck HloniphaniTapsonMoyo with a fire stand once on the head intending to kill him or realising that there was a real risk or possibility that his conduct may cause death and continued to engage in that conduct despite the risk or possibility. More
MAKONESE J: This matter raises the question of the doctrine of common purpose and its applicability in a matter where an accused admits having participated in the actual assault of the deceased, but avers that he dissociated himself from a fatal assault leading to the death of a victim.It is settled in our law that each individual in a common purpose case is to be judged on his own mensrea. The conduct of the accused on which criminal liability for the crime is founded consists not necessarily in an act which is casually linked with the death of the decease,... More
Accused faces a charge of murder, it being alleged that on a date unknown to the prosecutor between 1st and 20th June 2021, at Njini Village, Chief Sogwala, Lower Gweru, the accused person unlawfully caused the death of Cini Bhebhe using an unidentified instrument and thereby caused her death. The accused person pleaded not guilty by reason of insanity. Both parties drew a statement of agreed facts, it was tendered and marked exhibit 1. More
