The matter came up for trial. Initially the State prepared a charge of murder against the accused. 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 pleaded guilty to culpable homicide, wherein, it is the State’s contention that on 9 November 2017 at Maronga Village, Chief Musikavanhu, Chipinge, the accused unlawfully caused the death of Onai Chinondida by striking him with a brick once on the head negligently failing to realise that death might result... More
The accused was convicted on a charge of removal of an animal from one place to another in contravention of s59 of the Parks and Wildlife Act (Chapter 20:14). He was sentenced to 12 months imprisonment of which 6 months was conditionally suspended for 5 years. A further 3 months imprisonment was suspended on condition of restitution. Effective sentence 3 months imprisonment. More
The accused pleaded not guilty to a charge of murder as defined in section 47 (1) (a) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23](“the Criminal Law Code”) in which it is alleged that on 8 August 2014 at Farm 414 Zviyambe East, Wedza, the accused, with intent to kill, forced Ashley Ruvarashe Chikandiwa, his biological daughter, to drink some poisonous substance thereby causing her to die. More
The matter came up for trial with accused being charged for murder as defined in s 47 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. When the charge was put to the accused he proffered a limited plea of guilty to culpable homicide as defined in s 49 of the Code. The State accepted the limited plea of culpable homicide. This occasioned the matter to be stood down for the State and defence counsels to come up with the Statement of Agreed Facts. More
This murder occurred on the night of 6 September 2020 at Kadowa village, Dotito in Mt Darwin. Two suspects, Nomore Mavhura and Japhet Chimunondo also known as Martin Daiton Mutuvha were implicated in the crime. Nomore Mavhura (Mavhura) was arrested first, tried and convicted of the murder. The accused in this case, Japhet Chimunondo was apprehended a year later after the police tracked him. He now stands accused of the murder of Clifford Kadowa (hereinafter the deceased) as defined in s 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. More
The accused was arraigned before this court on allegations of contravening s 174 (1) of the Criminal Law (Codification and Reform) Act [Cap 9:23], that is to say, criminal abuse of duty as a public officer. In brief, the accused who was employed by the Municipality of Chitungwiza as a Director of Housing, Education and Community Services is alleged to have corruptly allocated various stands situate at the Town Centre in Chitungwiza for lease to individuals and organisations for commercial purposes without obtaining Council Resolutions, and without advertising such leases as required in terms of s 152 (2) of the... More
This is an application for the discharge of the accused at the close of the State Case in terms of s 198 of the Criminal Procedure and Evidence Act [Cap 9:07]. The accused stands charged with one count of fraud and another count of contravening s 5(1)(a)(1) of the Exchange Control Act [Cap 22:05] as read with s 4(1)(a) (ii) of the Exchange Control Regulations, 1996(S.I. 109 of 96).It is alleged in the first count that, between 1 February 2001 and 9 November 2002, the accused unlawfully and with intent to defraud, obtainedfrom one Yakub Ibrahim Mohammed (Mohammed) an amount... More
These two matters are dealt with at the same time because they both raise issues that emanate from the misapplication by the trial courts of the provisions of the Stock Theft Amendment Act 6 of 2004 which came into operation on 27 August 2004. More
The accused was arraigned before us on a charge of murder and attempted murder as defined in s 47 (1) (a) or (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The state alleged that on 20 December 2017 and at Guvheya homestead, Nyatsanza Village, Chief Mutasa, the accused unlawfully caused the death of Eugenia Guvheya by assaulting her with an axe handle all over the body intending to kill her 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... More
The record of proceedings in this matter has been placed before me on review in terms of s 59 of the Magistrates Court Act [Chapter 7:10]. The accused a 32 years old first offender pleaded guilty to two charges. In count 1, it was alleged that on 2 January, 2018, along Chivhu –Nyazura road, he drove a commuter omnibus without being the holder of a licence in contravention of s 6 (1) of the Road Traffic Act. [Chapter 13:11]. The charge should for clarity be framed as “contravening s 6 (1) as read with the proviso to s 6 (5)... More
The accused was convicted of stock theft as defined in s114 (2) (a) of the Criminal Law Codification and Reform Act , by the trial Magistrate at Mutoko Magistrates. More
In this case precious human life was lost in circumstances were religious extremism was at play. Under the umbrella of exorcising demons, a nine year old was strangled to death. It is alleged by the State that on 14 June 2013 and at Tongogara Refugee Camp, Chipinge, Judith Mupelefuraha Mulumba unlawfully caused the death of Kubota Mupelefuraha Mulumba or realising that there was a real risk or possibility that the conduct might cause death and continued to engage in that conduct despite the risk or possibility resulting in injuries from which Kubota Mupelefuraha Mulumba died. The accused pleaded not guilty... More
Justin Tenha (herein after referred to as “the accused”), appeared before us charged with the crime of Murder in contravention of s 47(1) of the Criminal Law (Codification and Reform) Act [Chapter9.23] (hereinafter referred to as “the Code”). Prosecution allegedthat on 9 September 2020 he struck Tendai Kanjanda (hereinafter referred to as” the deceased”) with logs and stones. The attack caused mortal wounds. More
The accused stands convicted on his own plea of guilty to a charge of culpable homicide. He initially pleaded not guilty to a charge of murder that was later reduced to the lesser charge of culpable homicide with the consent of the State. More
The accused was, together with his co-accused, and on 6th March 2012, properly charged with and convicted of two counts of stock theftin contravention of s 114 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Thereafter, the record takes a nightmarish turn. More
