On the 10th May 2018 and at around 16:00 hours, Chitekete place in Muyobe Village, ChiefSiabuwa,Binga, was the venue for a drinking party. Traditional brew was for sale. EsteryMuzamba was host to several villagers who had gathered to enjoy the alcoholic drink commonly known as “skokiana” or quick brew. The beer is known to be popular in the country side for its affordability andpotency. The beer is typically brewed over one day. It was at this place, where the deceased, Charles Chama Muzamba, the first and second accused and others were gathered and consuming alcohol. The first accused was aged... More
The accused was charged with murder as defined in s 47(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] it being alleged that on 23 December 2016 at Gute Nite Club Ziko Dema the accused unlawfully and intentionally caused the death of Benjamin Chandimhara by strangulating the deceased with a shoe lace. More
The accused is 23 years old. He was 21 at the time of commission of the offence. The deceased was 32.
The accused was charged with one count of murder as defined in section 47 (1 of the Criminal Code, Chapter 9:23. He denied the murder charge and pleaded guilty to the lesser charge of culpable homicide.
The state and the defence filed an agreed statement of facts. The deceased was the accused’s uncle. The accused quarreled with his own mother allegedly over a piece of soap which he (accused had taken). The accused started assaulting his mother and sister.... More
The accused faces a charge of murder it being alleged that on the 31st of October 2016, at Midlands Ranch Farm, Mberengwa the accused person unlawfully caused the death of Takuraisu Madimura by shooting him on the left side of the body with a 303 rifle.
Accused denied the charge of murder and pleaded guilty to the lessor charge of culpable homicide. State counsel accepted the limited plea and the parties drew and tendered a statement of agreed facts. More
The accused person faces a charge of murder, it being alleged that on the 1st day of April 2019 and at house number A 5736 Old Pumula the accused person unlawfully caused the death of Mthokozisi Phakathi by stabbing him with an Okapi knife, 3 times on the left side of the chest and once on the right side of the chest, thereby causing his death. More
The accused person faces a charge of murder, it being alleged that on the 23rd of June 2020 at house No. 1418 Light Industry Gokwe, the accused caused the death of the deceased Anywhere Tshuma by assaulting her and strangling her. The accused denies the charge. More
At the close of the case for the state we dismissed the accused’s application for discharge made in terms of s 198(3) of the Criminal Procedure and Evidence Act [Chapter 9:07]. We gave our reasons ex tempore. The accused had raised the defence of self-defence and our view was that the accused’s version of events should be properly ventilated during his defence case to properly ascertain if indeed he could not be convicted of the charge of murder or any other permissible verdict. In short it was necessary for the accused to lay in his evidence the factual basis of... More
This case was poorly investigated, prosecuted in a very onerous way and also defended in a clumsy way. In our view this conclusion is inescapable when one looks at the evidence presented before us. The investigating officer was clearly untruthful. The State sought not to put before the court facts which were reasonably within its knowledge and the defence was hell bent to deny or, dispute the obvious. More
KABASA J: The accused was initially charged with attempted murder as defined in section 47 as read with section 189 of the Criminal Law Code. He was jointly charged with his girlfriend who was found not guilty at the end of the trial.
Both accused had pleaded not guilty with the then accused 1 proffering a defence of self defence whilst the accused (Tawanda Mharadze) admitted assaulting his wife but denied an intention to kill her. More
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
