This is a case in which the accused is charged with murder as defined in s 47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] hereafter referred to as the criminal code. The state alleges that at Makweza Village, Chipinge, on 16 October 2017 the accused unlawfully and intentionally caused the death of Charles Khosa by stabbing him with a single scissors blade in the neck intending to kill him and realising that there was real risk or possibility that his conduct may cause death but continued to engage in that conduct notwithstanding. More
This case illustrates how gruesome crimes of passion can become. The accusedwas indicted before the High Court facing a charge of murder as defined in s47 (1) (b) of the Cl Law (Codification and Reform) Act [Chapter 9.23]. More
The accused person was arraigned before a magistrate at Harare facing 2 counts of fraud in breach of s 136 of the Criminal Law (Codification and Reform) Act [Cap 9:23], one count of using a motor vehicle without the owner’s consent in violation of s 57(1)(b) of the Road Traffic Act [Cap 13:11] and one count of theft of trust property in violation of s 113(2)(d) of [Cap 9:23]. He pleaded not guilty to all the charges. More
This is an application by the accused for discharge at the close of the State’s case in terms of s 198(3) of the Criminal Procedure and Evidence Act (Chapter 9:07). The application relates to the charges in counts 2 and 3 and the alternatives and also to counts 4,5, 6 and 7. The accused pleaded guilty to, and was convicted of the charge in count 1, a contravention of the Citizenship of Zimbabwe Act [Chapter 4:01] on which he is still to be sentenced. More
The accused pleaded guilty to two counts of murder as defined in s 47 (1) of the criminal law (Codification and Reform) Act [Chapter 9:23] hereinafter referred as criminal Code. The state alleges that on 8 September 2018 and at Rori Village, Headman Samanga, Chief Mutasa, Honde Valley the accused person unlawfully caused the death of Regina Chibate and Walter Nyagano intending to kill them or realising that there was a possibility that his conduct might cause their death and continued to engaged in that conduct despite the risk or possibility by striking the two deceased persons on their heads... More
The accused person Cliff Churu was arrested and arraigned for the murder of his colleague and house mate Richmore Gomo. A statement of agreed facts was tendered as the counsels from both sides had plea bargained for a lesser charge of culpable homicide. The court found it proper as firstly the State is dominus litus in the sense that if its evidence cannot sustain a conviction in the main charge a plea-bargaining route may be the best course of action. More
This matter was placed before me on automatic review in terms of s 57 of the Magistrate Court Act [Chapter 7:10] as the unrepresented accused had been sentenced to a period in excess of twelve months imprisonment. More
On 1 November 2010 the accused and the deceased were drinking traditional beer at one Jestina Mutasa’s homestead at Munhungeyi Village, Chief Nhema, Zaka. The two had a misunderstanding which led the accused to fatally stab the deceased on the right side of the chest with an okhapi knife. More
The record of proceedings in this case is redolent of irregularities. These are they:
1. The accused was arraigned before a provincial magistrate (G.Gogo) sitting at Bikita facing a charge of contravening s 114 of the Criminal Law (Codification and Reform) Act, [Cap 9:23] on 27 September 2011, it being alleged that he had stolen two head of cattle. More
The accused was arraigned before the court on a charge of murder as defined in s 47 (1) (a) or (b) of the Criminal Law (Codification) and Reform Act [Chapter 9:23]. The State alleges that on 22 November 2013 and at Plot 41, Manda Chief Makoni Rusape, the accused person unlawfully and with intent to kill or realising that there was a real risk or possibility that his conduct might cause death and continued to engage in that conduct despite the risk or possibility struck Kelvin Mutambanuki several times on the head using a steel hoe thereby causing severe injuries... More
The accused persons have been arraigned in this court on a charge of murder. On reflection before commencement of trial, the State reduced the charge to culpable homicide. The State and defence came up with a charge of culpable homicide and a Statement of Agreed Facts. The accused persons pleaded guilty to culpable homicide. The deceased and the two accused were blood brothers with the deceased being the eldest.
It is the State’s contention that on 7 January 2015, the accused persons unlawfully caused the death of Gibson Taguma by assaulting him with fists and booted feet all over his... More
Both accused appeared before the court facing murder allegations as defined in s 47 (1) (a) or (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It is alleged that on 12 October 2015 at around 0300 hours and at Chemushowe Business Centre, Chief Chitsunge, Buhera, the two accused persons interchangeably assaulted the now deceased using switches all over the body several times. The deceased sustained serious injuries from which he died. The body was examined by Doctor Tendayi Mutsvayi who concluded that cause of death was haemathorax (in simple terms collection of blood between chest walls and... More
The respondents were placed on remand on charges of public violence as defined in s 36 of the Criminal Law (Codification and Reform) Act. [Cap 9:23]. The magistrate at Nyanga, before whom they appeared, admitted them all to bail under specified conditions. Counsel for the State then immediately advised the court a quo that the State intended to appeal against the decision in terms of s121 of the Criminal Procedure and Evidence Act. This is the appeal against the decision of the magistrate More
The accused is a 39 year old foreigner cherishing his domicile in Blantyre Malawi. On the night of 30 June 2013 he was driving a Volvo BUSSCAR bus registration number BS 358 which was towing a trailer registration number BR 9065 with 51 passengers on board, headed for Harare. At about 20.30 hours (both the charge sheet and the State outline are silent on the time of the day whether by design or oversight), at the 220 km peg he hit a black cow which had invaded the road from the right side and was in the middle of his... More
A fourteen-year-old boy was sentenced to an effective 5-year imprisonment term. He had been convicted of rape in terms of section 64 (1) as read with section 65 (1) of the Criminal Law Codification and Reform Act [Chapter 9:23]. It is alleged that he had raped a minor girl aged four years at the time of the commission of the offence. The minor had visited the accused’s room looking for her friend. Reportedly, accused took advantage of the child, dragged and placed her on a sofa and committed some indecent acts through her anal organ, before raping her. More
