Clayton Mabasa Hunda, (hereinafter called “the accused”) appeared before us charged with the crime of murder in contravention of s 47(1), of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The allegations against him are that on 8 November 2021 and at 34 Rolf Avenue, Harare he unlawfully and with the intent to kill or realizing that there was a real risk or possibility that such conduct may cause death but continuing to engage in such conduct despite the risk assaulted Janet Pongolani (hereinafter “the deceased”) several times all over the body with open hands and fists. The deceased... More
It is clear in this matter that the mitigating factors far out weigh the aggravating factors.
The 34-year-old accused was initially arraigned for murder involving the 28-year-old now deceased Severino Mawire. However, both counsel agreed that the proper charge in the circumstances was culpable homicide hence the accused was convicted on his own plea of guilty of the permissible verdict of contravening section 49 of the Criminal Law Codification and Reform Act [Chapter 9:23] which is culpable homicide. More
The accused was convicted on 4 counts of unlawful entry into premises as defined in s 131(1) as read with (2) (e) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] by the learned trial magistrate sitting at Chivhu Magistrates Court on 9 June 2021. The accused was sentenced on all counts taken as one to 48 months imprisonment with 10 months of that sentence suspended for 5 years on the usual terms of good behaviour. A further 7 months were suspended on conditions of restitution of varying amounts of money to three of the complainants. The effective imprisonment... More
The accused faces a charge of murder it being alleged that on the 1st of March 2022, and at his own homestead Halale village, Matobo the accused struck Langton Ngwenya once with an axe on the center of the head and thereby causing his death. The accused pleaded Not Guilty by reason of insanity. The state accepted the plea and together they drew a statement of agreed facts which was tendered into the court record and marked Exhibit 1. More
The record of the proceedings in which Cleopas Chizhanje (the convicted person) was convicted and sentenced on his own plea was place before me for review. It is not reviewable. Most of the documents and the record of proceedings which should be in it are missing. More
: “I will beat you until you are healed of your epilepsy!” Those words were the crude statement that the deceased told the accused who indeed is an epilepsy patient. It is not always easy to achieve emotional distance in the face of such extreme provocation. Whether he was under the influence of illicit alcohol or some other substance the provocateur who became the deceased in this murder used unrestrained language to mock the accused. He got killed in the end.
The prosecution alleged that on 30 January 2022 at Gazaland Shopping centre, in Harare, Cleopas Kumire (the accused) unlawfully... More
All the three matters were dealt with by the same senior magistrate atChiredzi Magistrates Court after which they were referred to this court for automatic review.
I have decided to deal with all the three matters in a single review judgment in view of the fact that the charge involved in all the matters is the same, and the misdirection on the part of the trial magistrate is evident and common to all the three matters.
In all the three matters the accused persons were duly convicted after pleading guilty to contravening s 89 (1)(a) of the Criminal Law (Codification... More
The 27-year-old accused was initially arraigned for murder as defined in section 47(i) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. However, the matter proceeded on the basis of a statement of agreed facts and the accused was convicted of culpable homicide as defined in section 49 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].
Before passing sentence the court also called the now deceased’s mother Ellen Mirirai aged 26 years for her to share her thoughts on the matter. More
Sibling tag teams are celebrated in sports like tennis, wrestling and football. Unfortunately they are also notorious in criminal enterprises. They become worse when brothers are alleged to have teamed up to cause the death of another person. That humans are mortal beings is unarguable but at times the way death comes about is unconscionable. The deceased in this case was celebrating Boxing Day in 2022 oblivious that it was the last he would enjoy. Prosecution alleges that he was attacked by the three accused persons Clever Mudzengerere, his sibling Trymore and their friend called Freddy Gireya. The reason why... More
When the accused persons appeared before the court our attention was drawn to an irregularity by the State. The irregularity was not denied by the State. It is this. The 1st accused was granted bail pending trial and has been out of custody .It was one of his bail conditions that he reportsat ZRP Rimuka every Friday. He initially reported for some time and later defaulted. However he continued to appear before the remand court. More
The two accused persons appeared before the court of the provincial magistrate sitting at Masvingo. They faced two counts; first assault as defined in s 89 (1)(a) of the Criminal Law (Codification & Reform) Act [Cap 9:23] and second; malicious damage to property as defined in s 144 of the Criminal Law (Codification and Reform) Act [Cap 9:23]. The offences charged arise from the events which occurred at Plot 18 Southwill Farm, just outside Masvingo town on 7 June 2010. The two denied both charges. After a trial they were both convicted of both counts. More
It is often unconscionable how love, one of the most basic human instincts often leads to tragedies. Collen TinasheJamu, (hereinafter the accused) an unassuming young man was arraigned before this court for the macabre and movie-like murder of his estranged girlfriend. The allegations were that on17 June 2015at house number 2330 Glen Norah A in Harare, the accused struck Mitchel Chipere(hereinafter the deceased) with a metal hoe intending to kill her or realising that there was a real risk or possibility that his conduct could cause the death of Mitchel Chipere. Despite that risk he persisted with his conduct. The... More
The accused if facing a charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].
The charge is that on the 10 January 2014 at Number 20583 Nzungu Street, Rujeko ‘C’, Masvingo the accused unlawfully stabbed Antony Manzonza with a knife once on the upper right thigh intending to kill him or realising that there was a real risk or possibility that his conduct might cause death and continued to engaged in that conduct despite the risk or possibility. More
The record of proceedings was placed before me on 22 March 2021 for review with a cover note by the trial magistrate.
The substance of the trial magistrate’s concern is as follows. The three accused persons appeared before the trial court charged with two counts of contravening section 182 (1) (a) and section 47 (1) (e) of the Customs and Excise Act [Chapter 23:02] respectively. On the first count the accused allegedly smuggled 180kgs of secondhand clothes, 22kgs of new clothing and 6kgs of new underwear. On the second count they imported prohibited goods. The state withdrew charges against accused... More
