The accused, a 40 year old widow, faces a charge of murder it being alleged that on 2 April 2013 at Minihaha, NyakupingaResettlement Scheme, Nyanga, with actual intent to kill or realising the real risk or possibility that death may result, struck John Muchiriwesi, (56) with an unknown object and a stick thereby inflicting injuries from which the said John Muchiriwesi died. 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 being alleged that on 18 August 2018 and at Muranda Village Chief Zimunya, Mutare, the accused unlawfully caused the death of Brian Kaburamusasa by striking him once on the head with a three legged aluminium pot with the intent to kill him or realising that there was a real risk or possibility that her conduct might cause death and continued to engage in that conduct despite the risk or possibility resulting... More
1. This is an application for a postponement. The accused was initially jointly charged with two other persons. The matter was first set down for trial for the week starting 26 September 2022. On the 26 September 2022 the accused made an application for a separation of trials, and on the 27 September 2022 the application was dismissed. See: The State v Mawadze HH 676/22. Subsequent to the dismissal of the first application for separation of trials, all the three accused made an application for disclosure of witness statements and other evidential material. On the 29 September 2022 the application... More
This is an application by the defence team, requesting the disclosure of statements of witnesses and some other evidential material in the possession of the State. This application is anchored on the accused person’s right to a fair trial. Mr Mpofu, counsel for the first accused, motivated the application. Mr Maruva, counsel for the second and third accused persons associated with the application. The accused persons request to be furnished with the statement of the doctor who examined the remains of the deceased, statement of five potential witnesses, namely Gay Moyo; Babra Chirenda; Admore Maforo; Casper Makenzie; Chitsone and Chihnamo,... More
In yet another domestic violence related murder, a 4 year old lost his life for soiling his pants much to the chagrin of the step-father. Precious human life was unnecessarily lost in circumstances depicting the dark and cruel side of humanity. The accused Munyaradzi Nyika was charged with murder of his 4 year old step-son. It is alleged that on 18 June 2018 and at Muswere Village, Chief Makoni Rusape, the accused unlawfully caused the death of Denzel Mutungwazi by striking him all over the body with open hands and a stick intending to kill him or realising that there... More
The accused, a 36 year old father is alleged to have raped his 5 year old daughter on an unknown date sometime in December 2003. This is alleged to have taken place at accused’s home at Muchatisi Village under Chief Tandi in Rusape. The allegations were that the accused called the complainant into his bedroom in the afternoon and beat her up before sending her to go and fetch some water. When she came back to his bedroom he ravished her. He fled from the area and was arrested during the month of August 2010. More
In this case the accused pleaded not guilty to a charge of Murder of his mother, in yet another domestic violence related murder. He tendered a plea of guilty to culpable homicide which limited plea the state did not accept and thus the matter proceeded to trial. A fully fledged trial of murder therefore occurred. The state alleged that on 27 January 2020 at Chishaya Village, Chief Tandi, Rusape the accused with actual intention or realising the real risk or possibility that his actions would cause death struck the deceased several times with a stone and bricks on the head... More
The accused, who was the deceased’s husband faced a charge of her murder. The accused’s wife went to fetch water from the well and never returned. She had instead been found strangled to death a few hours later that day. She was a mother of two at the time to a one year old and a six week old baby. The case against him was based wholly on the tally of cumulative circumstantial evidence. More
This is a criminal appeal wherein the accused person was charged and convicted of contravening s185 (1) (b) of the Criminal Law (Codification and Reform Act [Chapter 9:23]. It is alleged that on the 20th of August 2022 whilst under prison officials’ custody, fetching firewood the accused unlawfully escaped from lawful custody. He disappeared into the nearby bush whilst in the company of his inmates and escaped. He was arrested on the same day at the nearby Shopping Centre. He was sentenced to 46 months, with 12 months wholly suspended for 5 years on condition of good behavior. He is... More
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
This is an application for a discharge in terms of s 198 (3) of the Criminal Procedure and Evidence Act [Chapter 9:07] (“CP & E Act”). The accused are charged with the crime of murder as defined in section 47 (1) of the Criminal Law [Codification and Reform] Act [Chapter 9:23] (“Criminal Law Code”). It being alleged that on 5 June 2017 the accused persons wrongfully, unlawfully and intentionally killed and murdered Thengile Nyathi (“deceased”) by assaulting him with open hands and kicking him all over the body intending to kill him or realising that there is a real risk... 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
