The accused, a female who was aged 19 at the time of the commission of the offence has been arraigned in this court on a charge of murder in contravention of s47 (1) of the Criminal Law Codification and Reform Act (Chapter 9:23). The deceased was a female aged 15 years at the relevant time. The accused pleads not guilty to the charge and tenders a plea of guilty with respect to the lessor charge of culpable homicide. The state accepts the limited plea. The background facts to the matter are summerised in a statement of agreed facts tendered into... More
The accused is charged with murder as defined in section 47 (1) of The Criminal Law (Codification and Reform) Act (Chapter 9:23), (The Code). The specific allegations are that on the 24th of January 2018 and at Makokwe village, Gungwe area Guyu, Gwanda, the accused person assaulted the deceased with an unknown object once on the head intending to kill the deceased or realising that there is a risk or possibility that his conduct may cause death of the deceased continued to engage in that conduct despite the risk or possibility. The accused pleaded not guilty to the charge. More
The accused is facing two counts, i.e. one count of rape as defined in section 65 of the Criminal Law (Codification and Reform) Chapter 9:23, and one count of murder as defined in section 47 of the same Act.
In count one, it being alleged that on the 20th of January 2020, and at Misheck Moyo’s homestead Village 2B, Stanhope North, Myamandlovu, accused unlawfully had sexually intercourse with Rumbidzai Mkhwananzi, a female person without her consent or knowing that she had not consented to it or realising that there is a real risk or possibility that she had not consented... More
MAKONESE J: The 18 year old appeared in this court facing a charge of murder as defined in section 47(1) (a) of the Criminal Law (Codification and Reform) Act (Chapter) 9:23. The accused denied the charge. He tendered a limited plea with respect to the lessor offence of culpable homicide. The state rejected the limited plea. The matter proceeded to a full trial.
The facts of the matter are as follows. On the 31st October 2019 and at around 1400 hours the accused arrived at a homestead belonging to 71 year old Johnson Nkomo (the deceased). Deceased was alone at... More
The accused are charged with the crime of murder as defined in section 47 of the Criminal Law [Codification and Reform] Act [Chapter 9:23] (“Criminal Law Code”). It being alleged that on 5 June 2017 the accused persons wrongfully, unlawfully and intentionally killed and murdered Thengile Nyathi (“deceased”) by assaulting him with open hands and kicking him all over the body intending to kill him or realising that there is a real risk or possibility that their conduct may cause the death but continued to engage in that conduct despite the risk or possibility. More
Accused faces a charge of murder in that it is alleged that on the 21st June 2021 and in a bushy area in Tsholotsho, he unlawfully caused the death of Mfundo Ndlovu by striking him with a log several times all over the body and thereby killing him. He pleaded Not Guilty by reason of insanity. More
Judicial officers like magistrates should always appreciate that it is not every complaint forwarded to them which should be simply forwarded to this court ostensibly to be resolved by way of this court’s inherent review powers. More
Applicant is jointly charged with another one Tawanda Handikanganwi Karase. The allegations are that they together with other accomplices still at large were involved in two counts of armed robbery at Kuwadzana 5 Shopping Centre and at Tichagarika Shopping Centre Glen View. More
Accused faces a charge of murder, it being alleged that on the 17th of May 2022 and at York Business Centre Mberengwa, he unlawfully caused the death of Musawenkosi Hungwe by striking him with a wooden log on the head three times.
Accused denied the charge and instead tendered a limited plea to the charge of culpable homicide. The state accepted the limited plea and the parties drew and tendered a statement of agreed facts which was marked Exhibit 1. More
The possession of cocaine is a serious offence. Invariably, an accused convicted of the possession of cocaine must be handed a custodial sentence. The quantity of the cocaine is a critical factor to consider, however even where small amounts are involved, due to the harmful consequences of this drug, a sentence of imprisonment is deemed appropriate. Whilst there is a catena of case law on the range of sentenced impose in the possession of dagga in this jurisdiction, there are not that many cases dealing with appropriate sentenced involving the possession of cocaine. More
MAKONESE J: The accused was aged 44 years at the time of the commission of the offence. The deceased was her husband. He was aged 52 years when he met his demise. The accused appears in this court facing one count of murder in contravention of s47(1) of the Criminal Law Codification and Reform Act (Chapter 9:23). The accused tenders a plea of not guilty but avers that at the time of the commission of the offence she was suffering from a mental defect. She did not appreciate the consequences of her actions and was not criminally liable. The state... More
On the 25th July 2017 at around 2200 hours and outside his residence at 631 Emganwini, Bulawayo, the accused shot and injured deceased. The accused made a report at ZRP Nkulumane. He alleged that he shot the deceased who had attempted to rob him as he was parking his motor vehicle outside his gate. The deceased was conveyed to Mpilo Hospital where he died on 29th August 2017. The deceased succumbed to a gunshot wound. More
This matter was placed before me by the Registrar on automatic review. The accused was charged with contravening section 57 (a) of the Road Traffic Act Chapter 13:11 “ unlawful contact with a motor vehicle” in that on 25 June 2021 he used a T-shaped metal bar to open the front driver’s door locking device of a motor vehicle belonging to the CMED (Pvt) Ltd. Police officers spotted and arrested the accused in the act. He pleaded guilty and was convicted on his own plea. More
This matter was placed before me for review. The trial Magistrate in the covering note indicated that he made an error in sentencing the accused, he exceeded the sentence provided for in the statute. More
