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
This record was referred to this court by the Regional Magistrate who raised queries on scrutiny of the proceedings presided over by a junior magistrate. The Regional Magistrate’s minute reads as follows:
“STATE v SAMUEL AGERE CRB 120/17
May the record of proceedings be placed before a Judge of the High Court with the following comments from the scrutinizing Regional Magistrate: More
The applicant Sekai Ndoro is the natural mother of Samatha Ruhukwa. She applied to the Mutare Juvenile Court for an order granting her guardianship, and custody of Samatha. The application cites her as the applicant. No respondent was cited though Samatha’s father’s identity is revealed in the applicant’s founding affidavit. More
In this case the deceased Bvumai Luke Sarupango lost his life over allegations of alleged witchcraft. It is alleged by the state that on 17 May 2019 and at Mutunduve Village Chief Saunyama, Nyanga, the accused persons and one or both or more of them unlawfully caused the death of Bvumayi Luke Sarupango by tying him against poles of a shed and assaulting him several times on the buttocks and feet using an iron rod and a sjambock intending to kill him or realising that there was a real risk or possibility that their conduct might cause death and continued... More
The now 24 year old accused person is facing a murder charge, it being alleged by the state that on 29 August 2017 at Imbizo Inn Night Club, in Kwekwe the accused unlawfully caused the death of Nqabutho Ndlovu by stabbing him once on the neck and once on the back with a knife intending to kill him or realizing the real risk or possibility that his conduct may cause death but continued to engage in that conduct nonetheless. More
This matter proceeded as a stated case. The defence had brokered a limited plea which the State accepted. The plea bargaining reduced the charge of murder to culpable homicide. The court found the plea bargaining proper as the State did not have any eye witness to the offence. More
