This review was placed before me in terms of section 58(3) (b) of the Magistrates Court Act. The charge was phrased as follows: “PHYSICAL ABUSE” AS DEFINED IN SECTION 4 ARW SECTION 3(1)(A) OF THE DOMESTIC VIOLENCE ACT CHAPTER 5:16”. The circumstances were:
“In that on the 22nd day of November 2020 and at Chadley farm, Marondera, Nhamo Chakara unlawfully committed an act of physical abuse upon Jesman Mabhaure his former wife by stabbing her once on the back with a knife intending to cause Jesman Mabhaure bodily harm or realizing that there was a real risk or possibility that... More
The accused faced a charge of murder arising from the death of a policeman he was said to have run over at a police stop with his commuter omnibus registration ABZ 2324 on the 2nd of October 2016. More
The accused is charged with the crime of Murder 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 7 May 2019 and at Musanga Village, Chief Saunyama, Nyanga, the accused unlawfully caused the death of Emmanuel Nyasha Masambu by hitting him several times on the legs and head with a wooden pick-handle, intending to kill him 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 resulting... More
The proceedings in this matter were placed before me on automatic review in term of s 57 (1) (a) of the Magistrates Court Act, [Chapter 7:10]. On reading through the record of proceedings I reached the conclusion that the sentence imposed by the court a quo was in all the circumstances of the case so disturbingly and shockingly excessive as not to accord with real and substantial justice and that to leave it extant would result in a miscarriage of justice. I determined that the sentence merited that the court should exercise its powers given in s 29 (2) (b)... More
The accused person was convicted on three counts of contravening s 65 of the Criminal Law (Codification and Reform) Act Cap9:23. He was sentenced to five years imprisonment of which three years were suspended on conditions of good behaviour and the remaining two years were suspended on condition he performed 840 hours of community service. The accused was 16 years old at the time he committed the offences. He was 19 at the time he was convicted and sentenced. The complaint was 12 years old at the time she was raped. More
The accused personwas charged with contravening s66 of the Criminal Law Codification and Reform Act, (the Code)that is “Aggravated Indecent Assault”. More
On 6 April 2008 the accused who was 17 years old and in the company of his cousin the late Trust Macharangwanda approached the deceased and accused her of practicing witchcraft and being responsible for death and illnesses in the family. The deceased who was 69 years old protested her innocence and suggested that the accusations required the presence of family elders. The result was a combined assault initiated by Trust and joined in by the accused. The two randomly assaulted the deceased using two sticks leading to the subsequent death of the deceased. More
The accused pleaded not guilty to the charge of murder as defined in s 47(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Criminal Law Code). More
The accused is a member of the neighbourhood watch committee. On 18 March 2007 he was at Gundura business centre Gokwe together with seven colleagues, investigating crime. During the course of investigations the accused and his accomplices accosted the seventeen complainants at a local shop. More
A 40 year old man, Fashion Chakanetsa (herein after referred to as “the deceased”) met his tragic demise at the hands of five assailants. The men are alleged to have assaulted him and made off with his motor vehicle, a Toyota Wish. He subsequently died from the injuries sustained during the assaults. Two of the men, Prosper Prince Esau (herein after referred to as “the first accused”) and Tichaona Chirume (hereinafter referred to as the “second accused”) were later arrested and arraigned before this court to answer a charge of murder in contravention of s 47(1)(a) of the Criminal law... More
Both accused pleaded not guilty to a charge of murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The state alleges that on 29 December 2017 and at Jambaya Store, Chief Muusha the accused persons did each or one or more of them unlawfully and with intent to kill or realising the real risk or possibility that their conduct may cause death and continuing to engage in that conduct despite the risk or possibility struck Moses Gwenzi with a log and machete all over the body thereby inflicting injuries from which the said... More
This is an automatic review of the proceedings before a magistrate. The learned magistrate in response to a query why the record of proceedings did not reflect that the court had explained to the accused her right to cross examine State witnesses and the consequences of failing to cross examine the witnesses on aspects of the witness evidence which the accused did not agree with or putting to the witness accused’s version of the events that the State relied upon for the contention that accused had committed an offence responded as follows: “the right of the accused to cross-examination were... More
The accused is charged with various counts involving terrorism, sabotage and illegal possession of firearms in contravention of the Public Order and Security Act [Cap11:17] and the Firearms Act [Cap10:09]. More
The accused is charged with various counts involving terrorism, sabotage and illegal possession of firearms in contravention of the Public Order and Security Act [Cap11:17] and the Firearms Act [Cap10:09]. More
In this review judgment, I decided to write a single judgment since the same Magistrate dealt with the matter, the accused face the same offence and the same misdirection is evident from the proceedings. In sentencing the accused persons the learned Magistrate exceeded her jurisdiction.
Under case number CHN 1547/22 the accused was convicted on two counts of domestic violence in contravention of s4 as read with section 3 of the Domestic Violence Act (Chapter 5:16). On the first count he was sentenced to pay a fine of ZWL $50 000 in default of payment 3 months imprisonment. In addition... More
