: The accused faces a charge of murder it being alleged that on 16 April 2015 at Dzonzai Night Club, Gaza “O”, Chipinge, he unlawfully and with intent to kill, or realizing that there was a real risk or possibility that his conduct may cause death and continued to engage in that conduct despite the risk or possibility assaulted Hazvinei Christine Muriro with open hands, clenched fists and a bottle on the head thereby causing injuries from which Christine Hazvinei Muriro died. More
Theaccusedwas charged with theft of trust property as defined in s 113 (2) (d) of the Criminal Law (Codification and Reform) Act [Cap 9:23]. She pleaded guilty and was convicted on her own plea. She was sentenced to 6 months imprisonment of which 4 months were suspended on condition of good behaviour. The remaining 2 months were suspended on condition she paid restitution to the complainant in the sum of US$48.00 by 24 August 2012. More
This murder case was set down on 25 September 2017 for trial. The case was at the instance of counsel postponed to today. The reason given for the postponement was that the counsel had discussed the evidence and wanted to be granted an opportunity to prepare and file a statement of agreed facts in order to curtail the duration of the trial. Counsel also wanted to plea bargain in the light of agreed facts. As the reason for the postponement had merit, the court convened and witnesses were advised of the developments. State counsel also requested the court to formally... More
The accused was charged with having sexual intercourse with a young person in contravention of s 70(1) (a) of the Criminal Law (Codification and Reform) Act [Cap 9:23]. He pleaded guilty to all the essential elements of the charge put before him. He received the following sentence as worded by the Magistrate: More
The accused person was 21 years old when he was arraigned before a Regional Magistrate in Bulawayo charged with contravening s 66 (1)(a)(i) of Criminal Law (Codification & Reform) Act [Cap 9:23]. He was convicted on 1 December 2011 and sentenced to ten years imprisonment of which two years was suspended for five years on condition of future good behaviour More
The two accused persons were initially jointly charged with two others. They all faced the crime of murder as defined in s 47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (The Criminal law Code). Just before the court could pass judgment accused 2 defaulted. The prosecutor applied for a warrant of arrest to be issued against him which the court did. The State further applied for a separation of trials to enable the court to pass judgment in relation to accused 1. The application was granted. The verdict at the end of the judgment therefore relates... More
This murder occurred on the night of 6 September 2020 at Kadowa village, Dotito in Mt Darwin. Two suspects, Nomore Mavhura and Japhet Chimunondo also known as Martin Daiton Mutuvha were implicated in the crime. Nomore Mavhura (Mavhura) was arrested first, tried and convicted of the murder. The accused in this case, Japhet Chimunondo was apprehended a year later after the police tracked him. He now stands accused of the murder of Clifford Kadowa (hereinafter the deceased) as defined in s 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. More
The two accused persons are brothers. They pleaded not guilty to a charge of murder as defined in s 47 of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. The details of the charge were that, on 29 September, 2013 at Hidden Valley Farm, Mazowe, the two unlawfully and with intent to kill struck the deceased Stanley Tembo with a stone on the head thereby inflicting injuries which resulted in the death of the deceased. More
This was an application for bail by Accused 2 pending the resumption and completion of trial.
Accused 2 was jointly charged with Accused 1 with murder as defined in s 47[1] of the Criminal Law [Codification and Reform] Act, [Cap 9: 23]. The allegations against them were that on 28 September 2015, in rural Bikita, Masvingo, one or other of them unlawfully caused the death of one Farai Manyanga [hereafter referred to as “Deceased”] by hitting him with logs on the head multiple times thereby inflicting a depressed skull fracture and cervical spine subluxation, with the intention of killing him... More
The delay in finalising this trial was occasioned by the absence of the doctor who performed the post mortem on the remains of the now deceased. The said doctor had relocated to Namibia and it took time to put logistical arrangements to enable him to travel to Zimbabwe to testify. As will fully more appear in this judgment the doctor’s evidence is very critical in this case. More
Jeremiah Saungweme (the accused) was a security officer with a private security company called VS Security. He together with others was deployed to guard Shamva Gold Mine against the somewhat incessant invasions of its gold fields by illegal artisanal miners colloquially called amakorokoza. In his zeal to discharge his duties, he is alleged to have shot and killed one of the illegal miners called Willard Silas (the deceased). More
The accused is a 68-year-old female first offender. She is married and has 6 children. She has two grandchildren that she stays with. She pleaded guilty to driving a private motor vehicle without a licence in contravention of s 6 (1) of the Road Traffic Act [Chapter 13:11]. She also pleaded guilty to culpable homicide as defined in s 49 (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] as read with s 64 (3) of the Road Traffic Act. More
The accused and deceased were husband and wife. In a domestic violence related matter the deceased lost her life due to physical abuse at the hands of her husband the accused. The accused was arraigned before this court on a charge of murder as defined in s 47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. More
At the commencement of the trial the accused who pleaded not guilty to the charge took an exception in terms of s 171(2) of the Criminal Procedure and Evidence Act [Cap 9.07]. The relevant provision dealing with exceptions provides as follows:-
“171. Exceptions
(1) When the accused excepts only and does not plead any plea, the court shall proceed to hear and determine the matter forthwith and if the exception is overruled, he shall be called upon to plead to the indictment, summons or charge.
(2) When the accused pleads and excepts together, it shall be in the discretion of... More
The trial Magistrate in this matter has deliberately avoided to answer to the queries which I raised in a very clear manner in my review minute. It is important for trial Magistrates to apply their minds to queries raised on review to ensure that less time is wasted dealing with the same issues. More
