The accused was aged 38 years at the time of the commission of the offence. The deceased who was employed as a maid by the accused was aged 50 years at the time of her demise. The accused appears in this court facing a charge of murder in contravention section 47 (1) (a) of the Criminal Law Codification and Reform Act (Chapter 9:23). It being alleged that on 11th February 2018 and at house number 284 Emganwini West, Bulawayo, the accused attacked the deceased with a plank several times all over her body intending to cause her death or realising... More
The accused persons were indicted for trial on a charge of criminal abuse of duty as public officers as defined in s 174(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (“the Criminal Law Code”) More
1. This is an application by the second, third and fourth accused persons for their discharge at the close of the case for the prosecution.
2. The criterion for a discharge at the close of the state case, in the words of s 198 (3) of the Criminal Procedure and Evidence Act [Chapter 9:07], is that:
“if at the close of the case for the prosecution the court considers that there is no evidence that the accused committed the offence charged in the indictment, summons or charge, or any other offence of which he might be convicted thereon, it shall... More
The accused person faces a charge of murder it being alleged that on the 8th of August 2020 at Golide Homestead Village 3, Springs Farm, Bulawayo he unlawfully caused the death of NokwandaDube by hitting her several timeswith a black piece of hosepipe all over her body. The accused denies the charge but tendered a lenient plea of culpable. The following exhibits were tendered into the court record and they were all duly marked. More
The accused faces a charge of murder, it being alleged that on the 28th of August 2017 and at or near Village Germany in Mberengwa he unlawfully caused the death of Malambani Makando by hitting him with a stick all over the body several times. The accused pleaded not guilty to the charge but tendered a limited plea to the charge of culpable homicide. The state counsel accepted the limited plea. The parties drew a statement of agreed facts which was tendered and marked exhibit 1. More
The position is now fairly well established in our law that in cases involving multiple counts, the correct approach in sentencing is to treat all counts as one for the purpose of sentence or alternatively when a globular sentence cannot be imposed the court may take each count singly so that the seriousness of the offence is reflected. Where the offences are factually connected in relation to time, but the essential elements are dissimilar, the court must then take each count separately for the purpose of sentence. More
The 23 year old accused appears in this court on a charge of murder. It is alleged that on the 20th June 2017 and at Capital Block Farm, Colleen Bawn, the accused attacked the deceased, an unknown, homeless and mentally ill person and struck him with a blunt object on the head, thereby causing his death. The accused decapitated the deceased’s head and cut off his testicles and packed them into a plastic bag. The accused proceeded to dig a shallow grave and buried the remains of the deceased before leaving the scene of the crime with the deceased’s head... More
The accused is charged with the crime of murder, committed in aggravating circumstances, as defined in section 47 of the Criminal Law (Codification and Reform) Chapter 9:23. It is alleged that on the 10th of February 2013, and at Mutize and Sons Flea Market, Bulawayo, the accused person acting in common purpose with Isaac Nyakurerwa and Mduduzi Timothy Mathema, one or more or all of them, assaulted Vengai Murisi with a wooden plank on the head and strangled him with a wire intending to kill him or realizing that there is a risk or possibility that his conduct may cause... More
This matter has been referred for sentence in terms of section 54(2) of the Magistrates’ Court Act (Chapter 7:10). The accused was arraigned before a Provincial Magistrate sitting at Gweru on allegations of contravening section 60(3)(A) (a) of the Electricity Act (Chapter 13:05). The provision criminalises the cutting, damaging, destruction or interference with any apparatus for generating, transmitting, distributing or supplying electricity. It was alleged by the state that on the night of 3rd of April 2017 the accused was apprehended after he had been seen by state witness cutting down electricity transmission cables belonging to the National Railways of... More
These four matters were dealt with in separate trials by the same Bulawayo magistrate. The matters raise a similar issue, as will appear below. These four accused persons, in different records were convicted and sentenced by a Bulawayo magistrate for various crimes. In respect of Isheunopa Sibanda, the allegations were that: on the 15 March 2020, at Broadwell Farm, in Umguza-, the accused unlawfully hunted an Eland in contravention of section 59(1) (a) of the Parks and Wildlife Act [Chapter 20:14], and he was sentenced to a fine of $2000, in default of payment, 3 months’ imprisonment. In addition, 3... More
Accused faces a charge of murder, it being alleged that on 21st of August 2017, at Kate Ndlovu’s homestead, Tsholotsho, accused struck the deceased Kate Ndlovu 3 times on the head with a knobkerrie and thereby killing her. The accused pleaded not guilty by reason of insanity. The state accepted the plea and a statement of agreed facts was tendered into the court record. More
The accused appeared before us on a charge of murder as defined in section 47 (1) of the Criminal Law (Codification and Reform) Act, Chapter 9:23. He pleaded not guilty to the charge.
The state allegations are that the now deceased, Shanangurai Chomwisa and the accused were at Mwembe business centre on 3 June 2020. The two had an argument as they left the shops and the accused picked up a log with which he assaulted the now deceased on the chest and arms. The now deceased was then assisted home by her son who had been called to the... More
The applicant with 2 others appeared before me for sentence after being referred to this court by a Gweru Provincial Magistrate. The applicant and another were convicted of 17 counts of :
“vandalise, cut, damage, destroy, or interfere with any apparatus for transmitting and distributing or supplying electricity” in contravention of section 60A (3) of the Electricity Act (Chapter 13:19) as read with section 22 (3) (b) of the Electricity Amendment Act published in Statutory Instrument number 12 of 2007. More
Accused appears in this court facing a charge of murder in contravention of section 47 (1) of the Criminal Law Codification and Reform Act (Chapter 9:23). The state alleges that during the period between the 24th and the 27th March 2020 at Plot 38 Central Estates, Mvuma, the accused unlawfully and intentionally killed Trust Munnhuwei (deceased) by striking him twice on the head with an axe, intending to cause his death or realizing that his conduct could cause the death of the deceased. More
The accused faces a charge of murder, it being alleged that on the 22nd of December 2019 he assaulted the deceased Anastacia Tshuma who was his wife causing her death. He pleaded not guilty to murder but tendered a limited plea to culpable homicide. The state counsel accepted that plea and the parties drew a statement of agreed facts which was tendered and marked exhibit 1. It reads as follows: More
