On the 25th of December 2021 the accused, his wife, their two month old son and accused’s mother proceeded to Ngoni Township for entertainment watching Nyau dancers. Around 2100 hours it was time to return home, the accused would have none of that. His wife demanded they must return but the accused who was now drinking beer became aggressive. He struck his wife who had the deceased strapped on her back with a clenched fist. Not to be outsmarted the wife retaliated and a fist fight broke out. All this took place in the presence of the accused’s mother. Amidst... More
The proceedings in the above matter were placed before me on review together with an explanatory letter by the Trial Magistrate. In it he requests for a quashing of the proceedings and a trial de novo. I quote the learned magistrate’s letter which sets out the reasons for this request verbatim More
On the 6th of October, 2023 at Angwa Unit 6, Mombeshora Village, Makonde, the deceased, James Mudyarima, died of several head injuries inclusive of multiple skull fractures, as revealed by the autopsy report filed of record by consent. Accused one and two are blood brothers and next-door neighbours to the deceased, were arrested in connection with the killing. They were charged with murder in terms of section 47(1) of the Criminal Law Codification and Reform Act, [Chapter 9:23]. More
The accused was arraigned before us charged with the crime of murder as defined in s 47 (1) (a) or (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] in that on 15 October 2018 and at Armstone B. Resettlement, Chief Tandi, Rusape, the accused unlawfully caused the death of Taurai Christopher Makarutse by assaulting him all over the body with sticks intending to kill him or realising that there was a real risk or possibility that his conduct might cause death and continued to engage in that conduct despite the real risk or possibility resulting from which... More
The accused persons are charged with murder as defined in Section 47 of the Criminal Law (Codification and Reform) Act, (Chapter 9.23) (“the Act”). The allegations against them are that, at about 11 am of 12 December, 2021 and at Umzingwane River, Carmen Farm, in Esigodini, they unlawfully caused the death of one Lawrence Khumalo, the deceased, whom they assaulted with stones and wooden sticks at the back of his head. The allegations are, further, that, when they assaulted the deceased in the manner described, their intention was to kill the deceased or that they realized the existence of a... More
The accused person faces a charge of murder. It being alleged that on the 5th of June 2017 he assaulted the deceased Dubabantu Sibelo by stabbing him on the forehead with an okapi knife resulting in the deceased later dying on 17 June 2017 from the injuries sustained in the assault. The accused pleaded not guilty to the charge of murder but tendered a limited plea to a charge of culpable homicide. The state counsel accepted the limited plea and the parties drew a statement of agreed facts which was tendered and marked Exhibit 1. More
The accused appeared before the Magistrates’ Court facing one count of contravening section 65 (a) the Criminal Law (Codification and Reform) Act, [Chapter 9.23]. He pleaded guilty to the charge and was duly convicted. He was sentenced to twelve years imprisonment, with three years suspended for five years on conditions of good behaviour. More
The accused is appearing before this court charged with the crime of murder as defined in section 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It being alleged that on 21 February 2023 the accused caused the death of Andile Nkomo hereinafter called the deceased by strangling her on the neck with his hands, biting her on the face several times 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
This is an automatic review record brought in terms of s54 (2) of the Magistrate Court Act [Chapter, 7:10] after the trial court convicting the accused person of robbery as defined in s126(1) of the Criminal Law Codification and Reform Act[Chapter,9:23] in May 2022, was of the opinion that the appropriate sentence of eight to ten years in the circumstances of that case called for a sentence which exceeded his five-year ceiling jurisdiction. More
The two accused persons are charged with the crime of murder in contravention of section 47 of the Criminal Law (Codification and Reform) Act, [Chapter 9:23] in circumstances that would like be best described as “murder in the course of a robbery.”
The deceased was 39 at the time he met his death. He was a tenant at Block 80/2443 Mpopoma, Bulawayo. The first accused was 27 and resided at Block 24/809 Mpopoma, Bulawayo. Second accused was 29 years at the time of the murder. He resided at Block 80/2446 Mpopoma, Bulawayo. More
The accused pleaded not guilty to a charge of murder it being alleged that on 16 December 2016 at Pfumai Village, Mutasa, the accused with actual intent or realising the real risk or possibility of death occurring stabbed Robert Masasa (“the deceased”) once on the left side of the chest thereby inflecting injuries from which the said Robert Masasa died. More
The accused was convicted on his own his plea of guilty of theft of two bulls. He stole the beasts on the 21st September 2004. He was sentenced to 36 months imprisonment of which 12 months imprisonment were suspended on appropriate conditions.
Section 12 of the Stock Theft Amendment Act 6 of 2004 which became law on the 27th August 2004 introduced a minimum mandatory sentence of 9 years imprisonment but not exceeding 25 years imprisonment. The section reads:
“12(1) Any person who is convicted of the theft of or attempted theft of any equine or bovine animal or receiving... More
The accused who was 28 years old at the time the deceased met his death, is facing a charge of murder as defined in section 47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].The accused resided at house number 30549 Entumbane Township, Bulawayo whilst the deceased resided at house number 30098/6 Entumbane, Bulawayo.
It was the state case that on 26 July 2013 at around 0300 hours, the accused was drinking beer with a friend at house number 30187/26 Entumbane, Bulawayo where one Erika Sigauke operated a Sheeben. The deceased was also at the same shebeen in... More
The accused, Mr. Mthulisi Tshuma, is appearing before this court charged with the crime of murder as defined in s 47(1) of the Criminal Law (Codification and Reform) [Act Chapter 9:23] (Criminal Law Code). It being alleged that on 25 July 2021 he unlawfully caused the death of Leon Mnkandla (herein after referred to as the “deceased”) by striking him four times on the head with an axe intending to kill him or realising that there is a real risk or possibility that his conduct may cause the death of the deceased and continued to engage in that conduct despite... More
On 28 April 2005, the two accused persons were arraigned before the Magistrates Court sitting on circuit at Middle Save. They were charged with the theft of a bovine from the grazing area in Musapingura Village Chief Musikavanhu, Chipinge, which occurred on 20 April 2005. More
