: On 9 December 2010 the deceased who was aged 53 years was unwell and in bed. She was accused of practising witchcraft and severely assaulted leading to her death about two or three hours after the fatal assault. The severity of the assault is well spelt out in the post mortem report tendered in these proceedings as exh 4. The doctor who carried out that examination noted that the deceased had a deep cut on the head (temporal ocipita) more to the right side of the back of the head. He also noted some bleeding from the deceased and... More
The two accused in this case Farai Katsande and Owen Katsande are brothers. They lost some property at their residence and allegedly went on a rampage assaulting people they suspected of having stolen it. When they thought they were sure it was their nephew Robert Nyatsine (the deceased) who had deprived them of their valuables, they cornered him, severely assaulted him and inflicted mortal injuries which took his life. Formally the charge against them was that in contravention of s 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Code), the accused persons each or both of... More
The accused was charged with the crime of contravening s 47(1)(B) of the Criminal Law (Codification and Reform) Act [Cap 9:23] in that on 25 April 2007 at 19h00 she unlawfully picked up a knife and stabbed Stewart Pilate Mhlanga twice with the knife once on the left side of the chest and once on the neck resulting in the death of the deceased. She pleaded not guilty. The summary of the State’s case indicated that the State would rely on evidence of at least ten witnesses. However at the commencement of proceedings counsel of the State the defence agreed... More
Determining an appropriate sentence generally is not a easy task for any judicial officer. It entails making a delicate balance between competing interests. It is much easier where the statute prescribes a minimum mandatory sentence in which case the discretion of the court is ousted. More
The four accused persons face a charge of murder, it being alleged that on the 5th day of February 2004, they assaulted deceased Kwamba Vurungi resulting in his death from the injuries sustained from that assault. More
The accused was arraigned before this court facing a charge of murder as defined in s47 of the Criminal Law(Codification and Reform) Act [Chapter 9:23] (Hereinafter the Code)]. The allegations are that on 24 December 2018, at Chireka Village, Chief Musina in Bindura, the accused assaulted Garikai Petro with fists and booted feet on the chest with the intention to kill him or realising that there was a real risk or possibility that death may occur. More
The matter was referred to me by the Scrutinising Regional Magistrate at Masvingo.
The Regional Magistrate’s bone of contention is that the sentence imposed by the court a quo is manifestly lenient in light of the nature of the offence of robbery and that a knife was used to intimidate the complainant. Unfortunately the Regional Magistrate, besides citing certain decided cases does not proffer any suggestion as to what should be the appropriate sentence. More
Accused faces a charge of murder, it being alleged that on the 23rd of October 2020 and at Village Zinyoro, Headman Zinyoro, Chief Chirumhanzi, the accused person unlawfully caused the death of Learnmore Maphosa by striking him on the head and all over the body several times with logs intending to kill him and thereby causing his death. More
The accused is charged with murder as defined in s 47 of the Criminal Law Codification & Reform Act [Chapter 9:23]. The indictment alleges that on 23 August 2013 the accused person acting with intent strangled the deceased Dadirayi Mupaya at Shuramurove Road Mufakose, Harare, thereby starving the said Dadirayi Mupaya of breathing air resulting in her consequent death. The accused pleaded not guilty to the charge. More
Minimum mandatory sentences for certain crimes like stock theft are a fact of life. Sometimes they do work against common sense because in the real world there is nothing like a one-size-fits all approach to sentencing. By their very nature, mandatory sentences purposefully take away the inherent discretion of the law courts to assess such penalties as may be appropriate in any given situation. More
The accused, Fredrick Chafadza, 30, was charged with two counts. The first was the murder of Charles Kudubva, 34 [“the deceased”]. The second was the attempted murder of one Kudakwashe Musvamhuri [“Kuda”]. More
The seven accused persons have been arraigned on a charge of murder in terms of s 47(1) of the Criminal Law Codification and Reform Act [Chapter 9:23]. They have all denied the charge by pleading not guilty. It is accused 2, 3, 4, 5 and 6’s defence that they were neither present nor participated in the commission of the offence. Accused 1 admits being part of the group which accosted and assaulted the deceased rival gang but denies being present at the time the deceased was being assaulted to death. Accused 7 does not deny his presence or his participation... More
The trial court has conceded that it misdirected itself in the manner it handled the charge that was preferred against the accused person in count one, and the manner it approached sentencing in both counts one and two. This case is almost on all fours with S v Chitepo HMA 3-17 in which some guidelines in matters involving driving offences were proffered. More
The two accused persons in this case were found guilty on their pleas of guilty to a charge of contravening section 94 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The facts giving rise to the charge were that the accused persons pledged the complainant, their female relative, to the family of one Fredy Neruwana who was killed by Nerimonos Maguya in 1980. The complainant was pledged some time in 2005, when she was a minor, as compensation for the death of Fredy Neruwana. Paragraph 6 of the State Outline suggests that she was pledged in marriage to... More
