The accused was employed by the complainant’s parents as a domestic worker residing at Gwari Village under chief Zimuto in Masvingo Province. He is alleged to have raped his former employer’s 11 year old daughter sometime in April 2009. The offence only came to light more than a year later in August 2010 when it was discovered that she had contracted a sexually transmitted disease. More
The accused was convicted of escaping from lawful custody as defined in s185 (1) b of the Criminal Law Codification and Reform Act [Chapter 9:23]‘the Criminal Code’. He had a previous conviction of unlawful entry into premises in contravention of s131 of the Criminal Code, for which a portion of imprisonment was suspended on condition that the accused did not commit any offence involving dishonesty during the period of suspension, When the Court convicted him of escaping from lawful custody, it brought into effect the suspended sentence. This was a misdirection. More
At the commencement of the hearing of this matter which had 8 accused persons the State withdrew charges before plea in respect of accused 3 Ratidzo Ndambakuwa, accused 7 Robert Mungareka a juvenile aged 17 years and accused 8 Garikai Mungareka also a juvenile aged 15 years who was being assisted by his mother Agnes Mungareka. These proceedings are therefore in respect of the remaining 5 accused persons 2 of which are adult women, 2 are adult men and one juvenile Tellmore Mungareka aged 17 years. More
This review judgment has been occasioned by the rather incomprehensible conduct by the learned Provincial Magistrate based at Masvingo Magistrates Court. It is difficult to understand as to why the learned Provincial Magistrate with all his experience would conduct himself as a loose cannon. The baffling thing is why he decided not to follow simple, straightforward and clear instructions outlined in the Order granted by this court. What is unfortunate is that the learned Provincial Magistrate would want to make this court part of the patently injudicious antics. More
The accused was charged with the offence of Stock Theft as defined in s 114 of the Criminal Law (Codification & Reform) Act, [Chapter 9:23]. He was convicted on his own plea of guilty by the magistrate M Mabika Esquire sitting at Chinhoyi on 24 November 2020 and sentenced to the mandatory minimum sentence of 9 years imprisonment. The charge alleged that the accused, aged 48 years, in the month of October 2020 at Highbury Farm, Chinhoyi, the accused and an accomplice intending to deprive the complainant of his cattle drove away six (6) herd of cattle belonging to the... More
This case epitomises the unpredictable nature of youth. The accused is charged with contravening s 47 of the Criminal Law (Codification and Reform) Act [Cap 9:23]. The charge reads as follows: More
The accused was convicted in the Magistrates’ court for exposing an infant in contravention of s 108 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (The Criminal Code). A sentence of 6 months imprisonment which was wholly suspended on the usual conditions of good behavior was imposed. More
The accused is facing a charge of murder as defined in s 47 (1) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. The allegations against her are that on 4 April 2013 and at House Number 2369 New Stands, Mutoko Hospital, Mutoko, the accused, with intent to kill or realising that there was a real risk or possibility that her conduct might cause death, persisted in her conduct which caused the death of the now deceased Taurayi Zekiya Mukarakate by stabbing him once on the left side of his chest with a knife. More
Sentencing in any criminal matter, entails a delicate balancing act between mitigatory and aggravating factors in each case. It is a matter of discretion which can never be as precise as any mathematical calculation. It should however not be capriciously done but should generally capture the set legal guidelines. Above all punishment should be less retributive and more rehabilitative. More
The accused is charged with the crime of murder as defined in Section 47(1)(a) of the Criminal Law (Codification and Reform) Act, (Chapter 9:23). The allegations against him are that he, on 26 December 2020 and at David Nleya’s Homestead, Nsubula Village, Madlambuzi, Plumtree, did assault one Nkululeko Makaba all over the latter’s person with an unknown object and on his head with a plank and, in the process, he killed or caused the death of, Nkululeko Makaba (“the deceased”). The State alleges further that, when the accused assaulted the deceased in the above-described manner, he intended to kill, or... More
That on the 11th of April 2022, at around 10.00 a.m. and at Plot 20, Wildbeast farm in Featherstone, the accused struck David Dube (the deceased) with a stone on the head thereby causing injuries from which the deceased died on the 20th of April 2022, is common cause. The post mortem that was produced by the State with the consent of the defence states that the cause of death was brain damage, severe head trauma and intra parenchymal hemorrhage. The accused, who is facing a charge of murder as defined in section 47(1) of the Criminal Law Codification and... More
Initially the accused, Faithfully Khumalo had been jointly charged with her husband Fredrick Mucharaga, on the charge of murdering her eleven-year- old son, Anele Khumalo. The husband is reportedly critically ill and bedridden. He therefore, was not able to stand trial. An application in terms of s190 of the Criminal Procedure Evidence and Reform Act Chapter 9:07, to amend pleadings and file those reflecting only the accused was made and granted. She was charged with murder as defined in s47 (1) of the Criminal Law Codification and Reform Act Chapter 9:23. She pleaded not guilty to the charge. More
The record of uncompleted criminal proceedings in State v Fannuel Mpofu CRB 19/07 was placed before me with the following comments from the presiding trial magistrate:-
“ THE STATE v FANNUEL MPOFU: ATTEMPTED MURDER: GOKWE REGIONAL CRB 19/2007 More
The accused appeared before us charged with murder as defined in section 47(1) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. He pleaded not guilty to the charge. The state’s case is that on 28 March 2020 at around 1800 hours the now deceased was at a party at Mayele Mbedzi Store Maware Beitbridge. He was in the company of his young brother Tamson Gumbo. The accused was also at that party. At around 0030 hours the accused accosted Tamson threatening to assault him because he considered him as a person who is from a village of arrogant... More
The 37-year-old accused of Mateko village, Chief Ndanga, Zaka in Masvingo was arraigned before the Senior Regional Magistrate at Chiredzi for raping his 13-year-old daughter in grade 7 on six different occasions in 2018. More
