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
The accused is appearing before this court charged with the crime of murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It being alleged that on 12 July 2023 he unlawfully caused the death of Bonald Moyo referred to as deceased by striking him several times on the head with a knobkerrie intending to kill him or realising that there was 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
: 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
The accused is facing a charge of murder, as defined in section 47 (1) of the Criminal Law (Codification and Reform) Act, Chapter 9:23. He pleaded guilty but it being a murder charge, a plea of not guilty was entered. More
The accused is arraigned on charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act [Cap 9:23]. The now deceased Rosemary Munodzana was the accused’s estranged wife and they had three children together. More
The accused appears in this court facing one count of murder in contravention of section 47 (1) of the Criminal Law Codification and Reform Act (Chapter 9:23). The accused pleads not guilty to the charge. He tenders a plea of guilty with respect to the lesser charge of culpable homicide. The state accepts the limited plea.
In a statement of agreed facts the state and defence outline the events surrounding the commission of this offence. On the 7th of April 2021 and at around 17:00 hours the accused person was in the company of the deceased, Mercedes Sibelo and Never... More
This criminal review raises the question of the competency of treating the offences of negligent driving and driving without a drivers’ licence as one for the purposes of sentence.
The accused was arraigned before a magistrate facing one count of driving a motor vehicle negligently in contravention of section 52 (2) (a) of the Road Traffic Act (Chapter 13:11) and a second count of driving a motor vehicle without a valid licence in violation of section 6 (1) (a) of the same Act. The accused was convicted on his own plea of guilty and sentenced to 12 months imprisonment of... More
