The accused appeared before the trial Magistrate charged with contravening section 60(1) (a) of the Electricity Act, Chapter 13:19, that is abstraction or diversion of electricity. The charge was not couched correctly or cited rather. It ought to have been cited as contravening 60 A (1) (a) of the Electricity Act. The error in citation however is of no moment as the accused knew what the charge was and what it is he is alleged to have done.
The accused pleaded guilty and was convicted on his own plea of guilty. He was sentenced to 6 months imprisonment the whole... More
Some two years ago, specifically on 26 March 2021 I dismissed applicant’s application for bail pending trial. I gave detailed reasons albeit ex-tempore.
On 8 June 2023 I received a letter from Mr Mudisi, counsel for applicant requesting written reasons for dismissing the application for bail pending trial. I now proceed to give the written reasons. More
On 27th day of June 2021, at approximately 1750 hours the accused was driving a privately owned motor vehicle namely a Toyota Hiace registration ADS 2863 along Masiyephambili drive due east with two passengers on board. The pedestrian Japhet Phiri was crossing Masiyephambili drive due north. At some point near Bellevue shops the accused person who was travelling at an excessive speed in the circumstances, hit the pedestrian who sustained fatal head injuries and died on the spot. More
The 6 accused persons were indicted for murder as defined in s 47 (1) (a) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. The indictment alleged that “On 16 March 2014, the accused persons and the accomplices, unlawfully and intentionally caused the death of Jacob Zifingo by drowning him into 1-5 metres deep pool in Zisokwe River, Gomo Village in Madziwa.” All the 6 accused persons pleaded not guilty. The indictment was woefully drafted for want of such material averments such as that, the accused persons acted jointly in the enterprise. There is also reference to accomplices whose... More
The accused in this case was facing a charge of murder in terms of s 47 of the Criminal Law (Codification and Reform) Act) [Chapter 9:23] it being alleged that on the 11th day of March, 2011 and at House number 2270 M, Magada Epworth, the accused unlawfully and with intent to kill assaulted one Shelton Tungwarara indiscriminately all over the body with an iron bar thereby causing injuries from which the said Shelton Tungwarara died. More
The facts of this case are melo-dramatic. They are as follows;
On the 16th day of May 2016 at around 0900 hours the complainant’s herdboy penned off 25 herds of cattle to a grazing area in Zhulube, Filabusi. On the 30th day of May 2016, he discovered that six of the cattle were missing namely, 2 cows, 2 male calves, a heifer and an ox. Meanwhile the two accused persons connived and stole the complainant’s heifer at Theleka grazing lands. They tied its legs, covered it with a big plastic sack before loading it in accused two’s scotch-cart. More
The accused was charged in the Magistrates’ court with two counts. The first count was contravening s 5 of the Trapping of Animals Control Act [Cap 20:21] “make use or possess class one traps” in that on 10 October 2001 and at Merrivale Ranch Mwenezi, the accused unlawfully made, used or possessed class 1 traps, that is to say he set twelve wire snares and caught two female kudus. More
On 21 March 2005, at the Parkade flea market situated at the corner of Rezende Street and Jason Moyo Avenue, Harare, the two accused persons exchanged 900 South African Rand for $2 360 000.00 Zimbabwe dollars in contravention of section 4(1)(a)(i) of the Exchange Control Regulations, SI 109/96 as read with section 5(1)(a)(ii) of the Exchange Control Act, [Chapter 22:05]. They were both arrested and arraigned before a magistrate at Harare on 23 March 2005. More
After the accused’s conviction, we adjourned the trial in order to afford the prosecutor and counsel for the accused time to prepare their submissions in aggravation and mitigation respectively. They both did. The Court is indebted to both of them for their assistance. The submissions however illustrate that there still exists a worrying lack of appreciation of the sentencing regime and the attendant sentencing principles which must inform the punishment of an accused convicted of murder. The court finds itself constrained to once again restate the elementary principles which have been emphasised in a long line of authorities in the... More
Emmanuel Chiota (the accused) was indicted before the High Court facing a charge of murder as defined in s 47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9.23]. He is alleged to have stabbed his biological mother, Nelia Chiota (the deceased) on the neck with a scissors thereby causing mortal injuries. He pleaded not guilty due to insanity.
The agreed facts are that on the 20 November 2016, the accused then a 23year old university student came home and found his 57 year old mother alone at home. He armed himself with a scissors and proceeded to... More
The latest addition to the rising statistics involved Emmanuel Machokoto, (hereinafter referred to as “the accused”), who appeared before us charged with the murder of his wife, Mercy Munosunama (“hereinafter referred to as the deceased”) in contravention of s 47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (hereinafter referred to as “the Code”). The prosecution alleged that on 7 April 2022 he fatally assaulted the deceased with a belt and fists several times and pushed her head against the wall. More
The accused was convicted of theft after a trial and was sentenced as follows:
“18 months imprisonment of which 4 months imprisonment is suspended for five years on condition the accused does not during that period commit any offence involving dishonesty for which he is sentenced to imprisonment without the option of a fine. More
The accused was employed by the complainant’s parents as a domestic worker residing at Gwari Village under chief Zimuto in Masvingo Province. He is alleged to have raped his former employer’s 11 year old daughter sometime in April 2009. The offence only came to light more than a year later in August 2010 when it was discovered that she had contracted a sexually transmitted disease. More
The accused was convicted of escaping from lawful custody as defined in s185 (1) b of the Criminal Law Codification and Reform Act [Chapter 9:23]‘the Criminal Code’. He had a previous conviction of unlawful entry into premises in contravention of s131 of the Criminal Code, for which a portion of imprisonment was suspended on condition that the accused did not commit any offence involving dishonesty during the period of suspension, When the Court convicted him of escaping from lawful custody, it brought into effect the suspended sentence. This was a misdirection. More
