The accused appeared before us facing a charge of murder as defined in section 47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He pleaded not guilty to the charge. The state alleges that on 16 September 2022 around 0655 hours, the accused had a misunderstanding with his wife over US$310 the accused owed. The accused proceeded to where his Toyota Hino truck was parked and reversed out of the yard. The now deceased ran out of the house and grabbed the door handle demanding her money. The accused did not stop but increased speed resulting in... More
MAKONESE J: It is an established principle of sentencing that once a court convicts an accused person and elects to impose a term of imprisonment whether such imprisonment is an effective term or is wholly or partially suspended, a court may not impose another separate distinct and stand-alone prison term for the same single count. Imposing an additional prison term for the same count amounts to sentencing an accused person twice for the same offence. More
The two cases under review, illustrate once again that the tribulation of minimum mandatory sentencing will for a long time to come remain an albatross on the necks of judicial officers. No amount of criticism or demonstration of the inefficacy of minimum mandatory sentences appears to deter legislatures from prescribing the nadir of punishments which judicial officers can impose on certain types of offenders and offences. Arguments against mandatory sentencing abound. More
The accused is charged with murder, it being alleged that on 17 July 2022 at Esiqongweni General Dealer in Tsholotsho, the accused caused the death of Honest Ndlovu by striking him with a knobkerrie on the left side of the head intending to kill him or realising that there was a real risk or possibility that your conduct may cause death but proceeded nonetheless. The accused pleaded not guilty but tendered a plea of guilty to the lesser charge of culpable homicide which the state accepted. More
The 2 accused persons face a charge of murder. In that it is alleged that on the 12th of January 2017 and at a railway crossing fly over along Masiyephambili Drive in Bulawayo, in the said province, the accused persons stabbed the deceased Njabulo Dube on the back, right side of the neck, right shoulder and right cheek with an Okapi knife and thereby causing his death. More
The accused person in this case was convicted after a full trial of contravening section 38 (4) (c) of the Railways Act Chapter 13:09 that is “digs, excavates, drills, tunnels under, or otherwise tempers with the ground within 45 meters on either side of the middle of a railway to the actual or potential detriment of the safety of railway traffic. More
The accused 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 26 June 2019, along a footpath between Bubude Business Centre and Sifungo Line, Tsholotsho the accused unlawfully head butted Mboneni Ndlovu (deceased) twice on the head below the left ear 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.The accused pleaded not guilty... More
Accused faces a charge of murder it being alleged that on the 14th of December 2020 and at Stand 19 Village 4, Inyathi, he struck the deceased Francis Ndlovu with an axe once in the head and thereby killing him. The accused pleaded Not Guilty by reason of insanity. More
MOYO J: The accused in this matter faces a charge of murder, it being alleged that on the 9th of May 2017 the accused struck the deceased Primrose Ndlovu with an axe on the neck. The accused pleaded not guilty.
The following were admitted into the court record as exhibits;-
- The state summary.
- The accused’s defence outline.
- The 3 photos taken at the scene.
- The post mortem report.
- The axe that was allegedly used
They were all duly marked. The evidence of Sonyboy Sibanda, Thandiwe Siziba, David Dube and Zororai Marevesa was admitted into the... More
The above matter has been placed before me by the scrutinizing Regional Magistrate.
The accused persons in this matter appeared before a Provincial Magistrate at Esigodini on 8th of January 2019. They faced charges of contravening section 59(a) of the Parks and Wild Life Act (Chapter 20:14), that is, hunting any animal on any land. Accused persons pleaded guilty to the charge and were convicted and sentenced to 12 months imprisonment. A period of 6 months was suspended for 5 years on the usual condition of future good conduct. The remaining 2 months imprisonment was effective.
The factual background to... More
The accused person faces a charge of murder, it being alleged that on the 30th of August 2021 and at Sinikiwe Magutshwa’s homestead Tshanke area Nkayi, accused unlawfully caused the death of Ferdinat Ndlovu by striking him with a log and switch several times all over the body and thereby causing his death. The accused pleaded Not Guilty to the charge, he instead offered a limited plea to a charge of culpable homicide. 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 to which he pleaded not guilty but tendered a plea of guilty to culpable homicide. The state accepted the limited plea. The agreed facts are that on 27 August 2022 at around 1845 hours the accused was on his way home from a party when he passed by the deceased’s home. The deceased struck him on the back with a sjambok ostensibly because the accused had once assaulted him. The deceased continued with the assault and the... More
Accused faces a charge of murder it being alleged that on 18 December 2021 at Village Madongorere, Chief Masunda, Zvishavane, he unlawfully caused the death of Jabulani Chingovo by stabbing him once on the abdomen. Accused pleaded not guilty to murder but tendered a limited plea to culpable homicide. More
This review is at the instance of the scrutinising Regional Magistrate. The accused was arraigned before the magistrates’ court sitting at Zvishavane, in the Midlands Province. He was charged with the crime of contravening s 3(1)(a) as read with s 4(1) of the Domestic Violence Act [Chapter 5:16]. It being alleged that on 16 November 2022 the accused committed physical abuse upon the complainant, his wife by striking her with a wooden log three times on the right arm and three times on the right leg. The complainant developed a swollen leg. The accused pleaded guilty and was duly convicted... More
KABASA J: The accused appeared before the learned provincial magistrate facing a total of 7 counts, the first two counts involved unlawful entry and theft, the 3rd and the 4th counts were also unlawful entry and theft as defined in section 131 (1) and 113 of the Criminal law Code. Counts 3 and 4 were withdrawn before plea and so there are no issues arising therefrom. More
