DUBE-BANDA J: The accused appears in this court on a charge of murder, as defined in section 47(1) of the Criminal Law (Codification and Reform) [Chapter 9:23]. It being alleged that on the 16th January 2019, and at Jindu River, Village Machovha, Chief Chingoma, Mberengwa, accused unlawfully caused the death of Bhaureni Banda (deceased), by forcing three sticks into the anus of the deceased, intending to kill him or realising that there was a risk of possibility that his conduct may cause death and continued to engage in that conduct despite the risk or possibility. The accused through his defense... More
1. This court (per KAMOCHA J) on 13 September 2013 convicted the accused of the crime of murder with actual intent to kill. The court found that there were no extenuating circumstances and passed a sentence of death. The accused appealled to the Supreme Court against both conviction and sentence. After hearing the appeal the Supreme Court (Dube v The State SC 57/2016) ordered as follows: More
The accused person appears before this court facing two counts. In count 1 he is charged with the crime of rape as defined in section 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It being alleged that on the 18th January 2021, accused unlawfully had sexual intercourse with Lizzie Mpofu, a female person, without her consent knowing that she had not consented to it or realising that there is a risk or possibility that he had not consented to it. More
The accused appears before this court on a charge of murder as defined in section 47 of the Criminal law [Codification and Reform] Act Chapter 9:23. It being alleged that on the 8th August 2021, accused unlawfully caused the death of Chizeya Smart Ngwenya (deceased) by striking him with a metal shock absorber on the left side of the head and face, intending to kill him or realising that there is a real risk or possibility that his conduct may cause the death of deceased and continued to engage in that conduct despite the risk or possibility. More
The accused appears before this court on a charge of murder as defined in section 47 of the Criminal law [Codification and Reform] Act Chapter 9:23. It being alleged that on the 4th December 2020, accused unlawful caused the death of MbekezeliMoyo (deceased) by striking him with a shovel once on the head, intending to kill him or realising that there is a real risk or possibility that his conduct may cause the death of deceased and continued to engage in that conduct despite the risk or possibility. More
Christopher Ndlovu who I will in this judgment refer to as the convicted person appeared before a regional magistrate sitting at Mutare Magistrate’s Court, charged with the contravention of s 184 of the Criminal Law (Codification and reform Act [Cap9:23] (defeating the course of justice) and alternatively s180 of the Code (giving false information to the court). He was jointly charged with a co-accused whose fate is not under consideration in this review judgment. The convicted person pleaded not guilty, but was convicted after a trial. It is however not clear as to whether he was convicted on the main... More
: On 16 October 2016 at Zvimba Homestead Muchenje Village, Chief Chiendambuya, Inyati, Nyazura, the accused is alleged to have intentionally or with realisation caused the death of Anxious Chirombo by throwing a stone which struck him on the head thereby causing injuries from which the said Anxious Chirombo died. The deceased a 2 months old baby lost his life during a drunken brawl involving adults. The accused pleaded not guilty to the charge of murder as defined in s 47 of The Criminal Law (Codification and Reform) Act [Chapter 9:23]. More
The 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]. It is alleged by the state that on 26 September 2019 at Chidawanyika Village, chief Mutasa, Nyanga the accused unlawfully with actual intent or realising the risk or possibility that his actions would cause death struck the deceased with a log all over the body leading to the deceased’s death a few hours after the assault. The remains of the deceased were examined and cause of death was established as brain injury, biparietal occipital subdural... More
The accused was charged together with three other co - accused persons of one count of murder in contravention of s47 (1) of the Criminal Code. The State alleged that on the 2nd of November 2020 the accused acting in common purpose with his three co accused persons assaulted one Charles Cherachera with knobkerries, logs and clenched fists leading to his death. The accused denied the offence. More
: In this case the deceased tragically lost her life at the hands of her 44 year old biological son. In a dispute shrouded with imputation of witchcraft as cause of misfortunes another domestic violence related death accured. The accused pleaded not guilty to the charge of murder levelled against him by the state.
The state alleged that on 8 April 2018 and at house number 2735 Chikanga 2, Mutare the accused person unlawfully caused the death of Agnes Ngorima by assaulting her several times on the head using a hoe intending to kill her or realising that there was... More
The accused was charged with the offence of physical abuse as defined in section 4 (1) as read with section 3 (1) (a) of the Domestic Violence Act,(Chapter 5:16). The accused pleaded guilty to the charge that on 13 April, he unlawfully assaulted the complainant who was his wife with fists, hit her head against the wall and bit her on the ear. The agreed facts were that the accused and the complainant quarrelled and had a misunderstanding. The cause of the altercation was that the complainant accused the accused person of having a girlfriend. The accused did not take... More
This matter proceeded on the basis of a statement of agreed facts after the accused who was facing the charge of murder as defined in s 47 (1) of the (Criminal Law Codification and Reform) Act [Cap 9:23] pleaded guilty to the charge of contravening section 49 of the same Act relating to the charge of culpable homicide. More
The accused faces a charge of murder. It being alleged that on 25th of March 2017 and at house number 386 Nguboyenja, Bulawayo, the accused struck Ellen Sibanda with a stone holding it once on the mouth and once on the right eye. Deceased later died as a result of the injuries sustained in that assault. Accused pleaded not guilty to the charge of murder but instead offered a limited plea to the charge of culpable homicide.
The state counsel accepted the limited plea and the parties drew a statement of agreed facts which was tendered and marked exhibit 1... More
This is one of those tragic cases where a biological parent through the use of violence, and in an attempt to discipline a child, caused an unnecessary loss of life. Parents must never take the law into their own hands and seek to resolve domestic disputes by resorting to brute and lethal force against those they are supposed to protect. More
The accused has been arraigned in this court on a charge of murder. It being alleged that on 11th July 2017 at Mabhena village, Mpinda 3, Chief Malisa, the accused unlawfully caused the death of Pamela Mpanduki by striking her all over the body with a fan belt and axe several times intending to cause her death. The accused pleads not guilty to the charge. He tenders a plea of guilty to the lesser charge of culpable homicide. The state accepts the limited plea More
