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
The accused are 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] (“Criminal Law Code”). It being alleged that accused 1, accused 2 and one Justice Mbedzi - who is not in this trial - on 26 December 2021 assaulted Cleoparton Nyathi (“deceased”) by stabbing him with a knife, assaulting him with mopane switch and hitting him with stones, intending to kill him or realising that there was a real risk or possibility that their conduct may cause the death of the deceased and... 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
The accused is charged with murder as defined in section 47 of the Criminal Law (Codification and Reform) Act, Chapter 9:23. The accused caused the death of Kujani Mudenda by assaulting her all over the body with a switch intending to kill her or realising the real risk or possibility that your conduct may cause death but continued nonetheless. The accused pleaded not guilty to this charge but tendered a plea of guilty to the lesser charge of culpable homicide. More
The accused faces a charge of murder it being alleged that on the 26th of April 2022 and at a bushy area in Mbangiso Village, he unlawfully caused the death of Mirriam Ncube by striking her with a stick once on the head and thereby causing her death. The accused pleaded not guilty to the charge of murder but instead offered a limited plea to a charge of culpable homicide. More
KABASA J: The accused was 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 murder but tendered a limited plea to culpable homicide as defined in section 49 of the Criminal Law Code.
The state accepted the limited plea and to that end tendered a statement of agreed facts. 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 is alleged that on the 28th of February 2020, at 0100 hours at the Council Beerhall, Bandala Bus Centre, Inyathi, the accused unlawfully struck Lovemore Nxumalo (deceased) with an axe handle and a bicycle chain several times on the head and all over the body, intending to kill him or realising that there is a real or possibility that his conduct may cause the death of the deceased and continued to engage in that conduct... More
The accused appeared in this court facing a charge of murder in contravention of section 47 (1) of the Criminal Law (Codification and Reform) Act (Chapter 9:23) in that on the 1s5th February 2020 at 330 Lovendale, Bulawayo he struck the deceased on the neck, lower lip and ankle thereby causing his death wrongfully unlawfully. The accused denied the charge. More
This review matter came before me in terms of s 57(1) of the Magistrates’ Court Act [Chapter 7:10]. The accused was charged and convicted of the crime of culpable homicide as defined in section 49 of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. It being alleged that on 19 July 2022 at around 1700 hours he negligently caused the death of three persons (deceased) in a road traffic accident. It was alleged further that he drove his motor vehicle on the wrong side of the road resulting in a head on collision with an oncoming vehicle. More
] This is a review at the instance of the presiding regional magistrate. The offender was charged with the crime of rape as defined in s 65 as read with s 64 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (Criminal Code). It being alleged that on 23 August 2022 the offender unlawfully and knowingly had sexual intercourse once with the complainant, a female juvenile aged 6 years who at law is deemed incapable of consenting to sexual intercourse. More
