At the commencement of the trial the accused who pleaded not guilty to the charge took an exception in terms of s 171(2) of the Criminal Procedure and Evidence Act [Cap 9.07]. The relevant provision dealing with exceptions provides as follows:-
“171. Exceptions
(1) When the accused excepts only and does not plead any plea, the court shall proceed to hear and determine the matter forthwith and if the exception is overruled, he shall be called upon to plead to the indictment, summons or charge.
(2) When the accused pleads and excepts together, it shall be in the discretion of... More
The trial Magistrate in this matter has deliberately avoided to answer to the queries which I raised in a very clear manner in my review minute. It is important for trial Magistrates to apply their minds to queries raised on review to ensure that less time is wasted dealing with the same issues. More
The accused was on his own plea of guilty convicted of cultivating 52 plants of dagga in contravention of s 156 (1)(b) of the Criminal Law (Codification and Reform) Act, [Cap 9:23], (the Act). He was sentenced to 84 months imprisonment of which 24 months were suspended for 5 years on condition that he does not within that period commit any offence involving cultivation, possession or selling of dagga. The dagga was forfeited to the State. More
The four accused pleaded not guilty to the murder of their own father.
The events leading to the charge of murder can be set out as follows.
There were trials and tribulations in the Chigayi family. That family in issue being the nuclear family headed by the now late Sam Chigayi. More
The accused was charged with the murder of Timoti Lunga his neighbour in contravention of s 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].It is alleged that on the 20th of June 2020 and at Matibilila Village, Chief Negande, Siakobvu, Kariba he unlawfully and with intent to kill, or realizing that there was a real risk or possibility that his conduct may cause death, continued despite the risk and struck the deceased with an iron bar several times on the head causing fatal injuries. The accused tendered a special plea of not guilty by reason of insanity. More
: In S v Tevedzayi TSANGA J painted a graphic picture of the amount of violence going on against women in a lot of homes when she said:
“An increasing number of cases brought before the courts reveal that far too frequently the bedroom has become a deadly environment for women as a result of men’s violent outbursts in the resolution of disputes. Women have been clobbered, booted, strangled, stabbed, or slashed to death by their spouse in the confines of the bedroom, all the while by men who would have the courts believe that but for their wife’s sluttish... More
The accused was convicted following his plea of guilty to a charge of“Rape”(contravening section 65 (1) of the Criminal Law codification and Reform) Act, [Chapter 9:23](The Criminal Code). The agreed facts are that on numerous occasions he had sexual intercourse with SamanthaMaregedze (the complainant) a female juvenile aged 7 years who at law is incapable of consenting to sexual intercourse.He was subsequently sentenced to 3 years imprisonment which was wholly suspended for 5 years on the usual conditions and the record of proceedings was submitted to this court for automatic review. More
The accused faces a charge of murder, in contravention of s47(1) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23] (hereinafter called “Code”), it being alleged that he caused the death of Sydney Zuruvi (hereinafter called “the deceased”), by stabbing him with a kitchen knife all over his body thereby inflicting mortal wounds. More
When I got seized with this matter for review, I conferred with my brother Judge and with his concurrence I instructed my then clerk to arrange for the immediate release of the accused. The following are the reasons which informed my decision. More
This matter came before me on automatic review on 19 December 2019 and I returned it for typing as I had difficulties reading the magistrate’s hand. On 2 October 2020 the record was returned still not typed and I requested that it be typed and so I returned it to the magistrate court. More
The accused persons were convicted of contravening s 368 (1) as read with s 368 (4) of the Mines and Minerals Act [Chapter 21:05]. They were sentenced to 18 months’ imprisonment which was wholly suspended for 3 years on condition of good behavior. More
In these 3 matters the accused persons were intercepted at roadblocks mounted by the police in Beatrice on 19 and 20 October 2012 while carrying firewood they had fetched at farms in the area. In the first case of Juliet Chikandiwa and 2 others, they had loaded 3 codes of firewood onto a Mazda T35 truck registration number AAP 6474. In the second of MuranganwaZinyana and 2 others, they had loaded 7 codes onto an unspecified 8 tonne truck registration number ABY 6641 while in the third case of BrodrickTasukwa and another, they were carrying firewood in an unspecified 2,5... More
After hearing both counsel’s addresses in mitigation and aggravation one is clearly reminded of the old adage that despite being blind justice should always be tampered with mercy. No matter the circumstances the court should not lose its conscience or moral compass. More
The deceased, Hardlife Ndlovu, died from complicated 55%, third to fourth degree burns, consistent with paraffin burns. The State has charged the accused, his girlfriend, with murder as defined in s 47[1] of the Criminal Law [Codification and Reform] Act, [Cap 9: 23]. More
This is the second judgment in the trial in which the accused, an adult female aged thirty years, was charged with the murder for her boyfriend. At the close of the Sate case, her counsel applied for discharge in terms s 198[3] of the Criminal Procedure & Evidence Act, Cap 9:07, on the basis that the evidence adduced by the State was not sufficient for a court, acting carefully, to convict and that as such, there was no reason to put her on her defence. More
