MAKONESE J: The 18 year old appeared in this court facing a charge of murder as defined in section 47(1) (a) of the Criminal Law (Codification and Reform) Act (Chapter) 9:23. The accused denied the charge. He tendered a limited plea with respect to the lessor offence of culpable homicide. The state rejected the limited plea. The matter proceeded to a full trial.
The facts of the matter are as follows. On the 31st October 2019 and at around 1400 hours the accused arrived at a homestead belonging to 71 year old Johnson Nkomo (the deceased). Deceased was alone at... More
The accused are charged with the crime of murder as defined in section 47 of the Criminal Law [Codification and Reform] Act [Chapter 9:23] (“Criminal Law Code”). It being alleged that on 5 June 2017 the accused persons wrongfully, unlawfully and intentionally killed and murdered Thengile Nyathi (“deceased”) by assaulting him with open hands and kicking him all over the body intending to kill him or realising that there is a real risk or possibility that their conduct may cause the death but continued to engage in that conduct despite the risk or possibility. More
Accused faces a charge of murder in that it is alleged that on the 21st June 2021 and in a bushy area in Tsholotsho, he unlawfully caused the death of Mfundo Ndlovu by striking him with a log several times all over the body and thereby killing him. He pleaded Not Guilty by reason of insanity. More
Judicial officers like magistrates should always appreciate that it is not every complaint forwarded to them which should be simply forwarded to this court ostensibly to be resolved by way of this court’s inherent review powers. More
Applicant is jointly charged with another one Tawanda Handikanganwi Karase. The allegations are that they together with other accomplices still at large were involved in two counts of armed robbery at Kuwadzana 5 Shopping Centre and at Tichagarika Shopping Centre Glen View. More
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
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 17 October 2023 he unlawfully caused the death of Bekezela Ncube referred to as deceased by striking him four times on the head with a log 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
