This review judgment deals with the issue of whether under s 70 (1) (a) of the Criminal Law (Codification and Reform) Act [Cap 9:23], a male young person can be competently convicted of engaging in extra-marital sexual intercourse with a female young person.
The facts in the present case were that in April 2009 the 15 year old CF who was in Form 3 fell in love with a 14 year old form 1 girl at a secondary school where they were both attending. They first had consensual sexual intercourse in July 2009 and thereafter continued to do so on... More
The five accused persons appeared before us facing a charge of murder in contravention of s47 of the Criminal Law Codification and Reform Act (Chapter 9:23). When the trial commenced the 3rd accused absconded and the trial proceeded against the 1st ,2nd,4th and 5th accused persons after a separation of trials. The state alleged that in the early hours of the 16th of December 2019 and at Plot 27 Temperly Farm, Murereka, Chinhoyi the accused persons acting in common purpose shot Reginaty Kagondo in the course of a robbery intending to kill her or realising that there was a real... More
The accused is facing charge of murder as defined in s 47(1)(b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The allegations are that he assaulted Clint Maziofa and caused his death on 25 August 2017 at Chitambo Garage in Chinhoyi. The accused pleaded not guilty. More
Both the then 32 year old accused and the 73 years old now deceased who are son and father respectively were residents of Mhazo Village, Chief Mazungunye, Bikita. The accused was the eldest surviving child of the now deceased who then had only three surviving children.
Apparently there was a simmering dispute in the family which borders on traditional beliefs and superstition.
The dispute was centred on the allegation that the now deceased had misused some beasts belonging to the accused’s late grandmother. As a result some misfortunes had befallen the family. After consulting some traditional healers it was said... More
The issue which arises in this matter is a novel one. This matter was referred to this court by the learned Provincial Magistrate for Masvingo under cover of a minute dated 20th July 2014. The said minute summarised the history of the matter and explained why the matter was being referred for review. In essence the learned Provincial Magistrate wanted to be advised whether this matter is a partly heard matter. Two of the Magistrates which had dealt with it had arrived at different conclusions. Further, the learned Provincial Magistrate inquired whether a fellow Magistrate could competently go against the... More
The accused was convicted in the Magistrates Court of the offence of concealing the birth of a child in contravention of s 106(1) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23] (The Criminal Code). The charge that was preferred against the accused reads as follows:-
“In that on the 12th of August, 2019 and at Ziware Village, Chief Charumbira, Celia Tichagwa buried or disposed the body of a child with the intention of concealing the fact of the birth.” More
On 5 November 2010 the accused was driving a Toyota Hiace mini bus commonly referred to as a Combi along the Harare – Bulawayo Road towards Bulawayo. Such vehicles are notoriously used as public service motor vehicle for hire or reward. More
Before the commencement of this trial the accused raised all manner of issues which ultimately delayed the start of this trial. A brief discussion of those issues raised by the accused is necessary in order to appreciate why the accused ultimately opted to conduct his defence in person without either counsel of choice or pro deo counsel. More
The accused was employed as a “game scout” by a private wild life conservancy. His duties entailed the protection of wild life. These were predominantly anti-poaching functions.
He was charged with murder. He shot and killed a man poaching fish from a dam within the private ranch. The ranch was part of a cluster of private conservancies under the Chiredzi River Conservancy. It was common cause that such private conservancies are under the direct authority and supervision of the Parks and Wild Life Management Authority [hereafter referred to as “Parks”]. More
This murder typifies the belief held by some men, who apparently have an inflated value of their worth, that ‘if I can’t have you, then no one will.’ Chamani Tsambola, a farm worker at Dudley Estate, Marondera (hereinafter called the accused), in a fit of rage, is alleged to have attacked a woman with whom he had separated and killed her in cold blood. It resulted in his arrest and his being dragged before this court charged with murder as defined in Section 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Code). The formal allegations are... More
This matter was listed for trial today with the accused having been indicted
on 2 counts of murder. Prior to the hearing, counsel made a courtesy call and I met with them in
chambers. The accused’s counsel had not previously appeared before me and took the
opportunity to introduce himself as is customary. I enquired of counsel whether the matter was
proceeding to trial as scheduled. The State counsel advised that he would apply for
postponement of the trial for a number of reasons including the fact that he did not have state
witnesses in attendance. I directed that the... More
The first accused person is a 17 year old pupil at Dora Secondary School in Mutare where he is doing form 4 while the second accused person is a 16 year old pupil at Dangamvura High School in Mutare where he is doing form 3. More
Although accused pleaded guilty to contravening section 47 (1) (a) of the Criminal Law (Codification and Reform) Act [Cap 9:23] the court entered a pea of not guilty in keeping with the provisions of s 271 (1) 0f the Criminal Procedure and Evidence Act [Cap 9:07]. More
The accused was convicted following his plea of guilty to seven counts of stock theft as defined in section 114 (2) (a) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23] (the criminal code). In all the seven counts the livestock in question were bovine beasts. The agreed facts are that in count 1 he stole 5 head of cattle and in each of counts 2,3 and 5 he stole one beast and that in respect of each of counts 4,6 and 7 he stole 2 beasts. That brought she grand total of the cattle he stole to fourteen. More
