Welcome to Midlands State University Library

Court Judgements



Browse all Court Judgements
The accused is charged with murder. She is alleged to have set her husband alight on 20 September 2009. On that fateful night the deceased got home drunk and proceeded to fall asleep. While he was fast asleep the accused set him alight thereby causing him fatal burns from which he died on 23 September 2009. The post mortem report confirmed death was due to respiratory failure due to the 85% degree burns which he sustained. More

All three accused pleaded not guilty to a charge of murder involved their brother Oscar Chimbuya (“the deceased”). The undisputed facts are as follows. 1st accused pulled down the tombstones erected by the deceased on their father’s grave. He took the stones and placed them in a dish. He placed this dish with the said tombstones, inside the deceased’s kitchen hut. Upon learning that the 1st accused was behind this abomination, the deceased reported the matter to their village head. The village head then set up a team which included the deceased. This team was to approach the 1st accused... More

The accused Patrick Mapita pleaded guilty to a charge of murdering his father on the night of 20th of May 2013, when he is alleged to have struck him with a pestle following a domestic dispute. More

The accused was arraigned on a charge of theft of an ATM card in contravention of s 113(1)(a) and (d) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Criminal Code). The facts show that the accused stole an ATM card. He later used it to purchase goods worth ZW$153 180. Upon conviction he was sentenced to 12 months imprisonment of which 3 months imprisonment was suspended on the condition of goods behaviour. Another 3 months imprisonment was suspended on condition of restitution. Effective sentenced of 6 months imprisonment. 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 24 June 2023 the accused unlawfully caused the death of Irene Jubane referred to as the deceased by striking her twice on the head with an axe 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

The accused is facing a charge of murder as defined in s 47(1) of the Criminal Law Codification and Reform Act [Chapter 9:23] (The Criminal Law Code). It is alleged that on the 11th of June 2023 at around 2100 hours at house number 2060 Overspill, Epworth, Harare, he murdered his wife Tsitsi Munemo by striking her on the head with a deformed bar several times. The accused person pleaded not guilty to the charge. More

In this case the state accepted a limited plea of guilty to culpable homicide as defined in s 49 of the Criminal law (Codification and Reform) Act [Chapter 9:23]. The matter thus proceeded on a statement of agreed facts. This is a case in which one blow to the head in a fit of rage occasioned death of the deceased. The brief agreed facts are as follows: On 4 August 2019 at around 1600hrs and at Masimbe Business Centre, the accused person and deceased had an altercation over refusal to pay for meat partaken by the deceased. The accused who... More

The complainant is an orphan whose mother had passed away and she remained in the accused’s custody together with 7 other children. The children are currently under the care and custody of the accused’s in-laws. She had previously been gang raped by 3 men on her way to school. As a result she was no longer attending school preferring to study at home, perhaps for fear of being raped. Whilst she was so studying at home the accused developed a lustful sexual appetite for his daughter. He would therefore, from time to time call her into his room where he... More

The Regional Magistrate forwarded the record of proceedings to the above named matter with the following comments; “ 1. Having convicted accused on a charge of contravening section 67 (1) of the Criminal Law (Codification and Reform) Act, Chapter 9:23 the court sentenced him to 5 months imprisonment, part of which was suspended on condition of good behaviour, the remainder being suspended on condition that accused pays a fine. I am not convinced of the appropriateness of suspending a prison term on condition of payment by accused of a fine. 2. The portion of imprisonment suspended on condition of good... More

The accused pleaded not guilty to a charge of murder as defined in s 47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The brief allegations are that on the 18 March 2019 and at Guyo Village, Chief Musikavanhu, Chipinge, the accused unlawfully caused the death of Hondo Ndlovu by stabbing him with an okapi knife on the centre of the chest intending to kill him or realising that there was a real risk or possibility that his conduct might cause death and despite the risk or possibility he persisted with his conduct resulting in severe injuries... More

What does it mean to say that for purposes of determining intention, a person’s motive is immaterial to criminal liability unless the CODE expressly states otherwise? In my view, this means that where the person whose conduct is in issue intended or meant to engage in the action or produce the result which he did, then it those circumstances, the person may properly be held to have intended to commit the crime, and the actual reasons why the person engaged in such conduct are irrelevant to the element of the crime that requires proof of actual intention. More

The accused person faces a charge of murder it being alleged that on the 12th day of February 2017, he assaulted Julius Ndlovu with an axe resulting in his death. The accused person pleaded not guilty to the charge. He pleads self defence. The following were admitted into the court record as exhibits and they were all duly marked 1) the state summary 2) the defence outline 3) the accused’s confirmed warned and cautioned statement 4) the post mortem report. It gives the cause of death as brain damage, skull fracture, chop wound. 5) and the axe that has allegedly... More

The accused who was arraigned for murder as defined in section 47 (1) of the Criminal Law (Codification and Reform Act) [Chapter 9:23] was subsequently convicted on his own plea of guilty of culpable homicide as defined in section 49 of the same Criminal Law Code [Chapter 9:23]. This was after both counsel agreed that culpable homicide was the appropriate charge. More

The accused is facing two counts of murder as defined in s 47 (1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Criminal Law Code). It is not in dispute that on 13 October 2020 at No. 10, Village 43 Hoyuyu, Mutoko he caused the death of Lizzie Madende by striking her with an axe once on the head just above the left ear and once on the forehead thereby causing injuries from which Lizzie Madende died on the spot. It is also not in dispute that on the same date, time and place, the accused struck... More

The accused was convicted following his plea of guilty to a charge of escaping from lawful custody in contravention of section 185 (1) (b) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23] (‘the criminal code’). The uncontested facts are that the accused, who was a serving prisoner at the Buffalo Range prison and correctional facility in Chiredzi, was assigned, under guard to collect some firewood in a nearby bushy area. That was on the 25th of February 2022. He then surreptitiously sneaked away unnoticed and made good his escape. His unearned liberty was however short-lived as he was... More