This matter was placed before me on automatic review of proceedings presided over by the Senior Magistrate at Chegutu Magistrates Court on 20 April, 2017. The accused pleaded guilty before the said magistrate to a charge of assault as defined in s 89 (1) (a) of the Criminal Law (Codification & Reform) Act, [Chapter 9:23]. More
In this case a simple issue on who should keep the accused and the deceased’s sister’s medication led to a heated dispute which resulted in the death of the deceased. More
Differences between people have existed since time immemorial but it becomes worrisome when relations are thrown out of the window and those who are expected to live in neighbourliness turn to kill each other. The accused in this case was arraigned before this court on a charge of murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Code). The charge from which the allegations arose is that, on 24 October 2018 and at 19985 Stoneridge Park Waterfalls, Justice Matikinyidze (the accused) stabbed Elisha Mvurume (the deceased), who was his neighbour, with a... More
The accused is charged with the crime of murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It is alleged that on 30 August 2023 he unlawfully caused the death of his wife Spejina Kawocha by striking her twice with a log on the head intending to kill her or realising that there was a real risk or possibility that his conduct may cause the death of the deceased and continued to engage in that conduct despite the risk or possibility. More
The proceedings in this matter would not have been referred to this court for review because the sentences imposed qualified the proceedings to be scrutinized by the Regional Magistrate in terms of s 58 of the Magistrates Court, [Chapter 7:10]. In terms of the said section, in proceedings where the accused appearing before the provincial court and has been convicted and sentenced to imprisonment of between 3 and 12 months or a fine of between level 4 and 6, the record of proceedings is scrutinized by the regional magistrate. In terms of s 58 (3) (b) where the scrutinizing regional... More
The above matter was referred for review with the following comments:
“The record of proceedings was placed for review before the regional magistrate who noted that the trial magistrate had imposed two sentences which was said to be improper in the case of Chipwere HH 314-08.
The trial magistrate conceded that she had imposed two sentences.
May we be guided on the way forward?” More
The accused was convicted of contravening s 67 (1) (a) (i) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was sentenced to 15 months’ imprisonment of which 3 months’ imprisonment was suspended for 5 years on condition of good behavior. The remaining 12 months’ imprisonment was suspended on condition of performance of 420 hours of community service. More
This matter is mired in domestic violence which culminated in the now deceased’s death. The question which therefore exercised the mind of the court is whether the defence of provocation is available to the accused. More
Both accused persons who are siblings are facing a charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform Act [Cap 9:23]. The charge is that on 13 June 2016 at Chirove Village, Headman Mpapa, Chief Sengwe, Chiredzi both accused persons or one of them struck their father Shadreck Kasha with an axe on back of head and on the throat causing his death. More
The determination of this murder turned on nothing but the facts.
Killian Tagarira (herein after “the accused”), appeared before this court facing a charge of Murder in terms of s47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Criminal Law Code). The allegations against him were that on 8 November 2019, he struck Bernard Shonhai Majaji (herein after the “deceased”), with an axe several times on the head causing injuries from which the deceased met his quietus. More
The accused who was initially facing the charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform Act) [Chapter 9:23] was subsequently convicted on his own plea of guilty of contravening s 49 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] which relates to culpable homicide. The matter proceeded on a statement of agreed facts. More
All the jointly charged accused persons pleaded not guilty to the charge of murder as defined by s47(1) of the Criminal law Codification and Reform Act, [Chapter,9:23]. The common thread running through their defences, is that though they were present at the scene of the two fights they did not kill the deceased. They also state that they never acted in common purpose with one another to commit the crime of murder. More
The accused was charged with the crime of indecent assault as defined in s 67 of the Criminal Law Codification and Reform Act [Chapter 9:27]. The facts relied upon in the outline of the state case were that the accused, a 30 year old neighbour of the complainant, a married woman aged 22 years old, went to the complainant at her field where she was working alone and proposed love to her. The complainant turned down the proposal. Accused advanced towards the complainant who moved away from him. This did not deter the accused who chased the complainant, tripped and... More
The above two records of proceedings were forwarded to me by the scrutinizing regional magistrate for review. The two accused persons were separately convicted of theft by a magistrate at Marondera. They were sentenced as will be shown below. The convictions were proper and raise no issues. The records of proceedings were send for scrutiny as required by law. The regional magistrate noted irregularities in regards the sentences passed. She raised alarm and directed that the proceedings be placed before a judge for review. Her comments were that she had noted in the case of Munyaradzi Danford Sanyika that part... More
