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
The 4 accused persons were arraigned before the court on a charge of murder as defined in s 47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. In that on 1 July 2018 and at Murambinda Growth Point, Buhera the accused persons all or one or more of them unlawfully caused the death of Rodwell Tendai Mupotsa by assaulting him with unknown objects all over the body intending to kill Rodwell Tendai Mupotsa or realising that there was a real risk or possibility that their conduct might cause death and continued to engage in that conduct despite... More
The accused is charged with the crime of murder as defined in s 47 of the Criminal Law (Codification & Reform) Act, [Chapter 9:23]. The accused pleaded not guilty to the allegations that on 23 October, he unlawfully caused the death of Modester Chikaka by pouring paraffin over her body and setting her alight with the result that Modester Chikaka suffered severe burns all over her body which is turn led to her death of 26 October, 2011. More
The accused was convicted of seven counts of armed robbery, one count of unlawful entry into premises and one count of contravening s 24 of the Immigration Act [Chapter 4:02]. He was sentenced to a total of 56 years imprisonment, 6 years were suspended on the usual conditions of good behaviour, a further 10 years’ imprisonment were suspended on condition of restitution; for the conviction for contravening s 24 of the Immigration Act, accused was sentenced to a fine of $200-00 in default of payment 4 months’ imprisonment. More
Precious human life was unnecessarily lost in a horrific manner, in a domestic violence related crime of passion. The accused pleaded not guilty to a charge of murder as defined in s 47 1 (a) or (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The allegations levelled against him being that on 9 December 2014 at Inyati Mine Compound the accused unlawfully and intentionally caused the death of Tendai Mufaranyuri by striking her with a hoe once on the head and burnt the body with fire, with intent to kill her or realising that there was a... More
The accused was charged with contravening s 47 of the Criminal Law (Codification and Reform) Act [Cap 9:23]. He tendered a plea of not guilty.
The facts are that the deceased was the accused’s daughter and she was aged seven years. Between 21 and 23 September 2011 the accused assaulted the deceased with a bamboo stick. The deceased sustained injuries which the accused treated using some herbs. The deceased succumbed to the injuries on 28 September 2011. The post-mortem report noted that the deceased had cuts, grazes and bruises all over the body, with internal bleeding. The cause of death... More
This matter was referred for review by the court a quo with the following comments:
“This matter came before me for trial denovo on the 4th of July 2016. The matter was being dealt with by my brother magistrate Mr E Makomo, who recused himself at the close of the state case because of reasons contained of record. The legal practitioners of the accused argued that I could not deal with the trial without the proceedings of my brother magistrate being set aside by the High Court. More
