: This is a case of fratricide. The accused is Kudzanayi Luvin Mandeya. He is aged 21 years. He stands charged of the murder of his young brother Luwi Mandeya (hereinafter called the “the deceased”). The deceased was aged 15years at the time of his death. The details of the charge were that, on 15 March, 2019, at Mapfumo Village, Chikwaka Juru, the accused unlawfully assaulted the deceased with a log several times on the head intending to kill the deceased or if not acting with intent to kill, the accused acted with a realization of the real risk of... More
The accused was convicted by the magistrate at Kadoma on two counts of theft as defined in s 113 of the Criminal Law (Codification & Reform) Act, [Chapter 9:23]
On 15 March 2021. It was alleged that on 24 February 2021, the accused stole two cell phones from two different patrons who were revelling at Nyamuziwa Night Club at Patchway, Kadoma. From one of two complainants, the accused additionally stole a tracksuit jacket. The accused was sentenced to 8 months imprisonment of which 2 months was suspended for 5 years on the usual condition of good behaviour leaving 6 months... 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]. It is alleged that on 19 April 2019 at around 2100 hours and at Village 26, Mount Zonwe, Odzi, the accused person stabbed the deceased thrice on the left arm, abdomen and left side of the chest with a bayonet knife intending to kill him or realising that there was a real risk or possibility that his conduct might cause the death and continued to engage in that conduct despite the risk or possibility... More
The accused, a 26 year old male was charged with contravening section 70 of the Criminal Law Code, [Chapter 9:23]. He pleaded guilty to the charge.
The allegations or the facts agreed on were that on 4 February 2022 the accused, who was in love with the complainant had sexual intercourse with her once with her consent. The complainant slept at the accused’s home and went back home the following morning. Her sister-in-law asked her where she had been and she confessed that she had been with the accused. The matter was then reported to the Police. More
On the 18th April 2023 the accused and his wife the deceased left home and proceeded to Gomango shopping centre, Landfall, Mutorashanga to celebrate the Independence Day. Unfortunately a day that started with merry making ended in tragedy. On their way back they had an intense altercation. The accused pushed the deceased off the road, sat on her strangled her and stabbed her with a broken mirror. He left her lying helplessly by the road. More
The accused is facing a charge of murder in contravention of section 47 (1) of the Criminal Code.The accused has pleaded guilty to the lessor charge of culpable homicide, which the state has accepted.
The common cause facts as laid out in a statement of agreed facts are that the accused was 37 at the time of the incident whilst the deceased was 46. Both were drinking beer at Chaza Business Centre in Mberengwa on 29 March 2018 at around 2140 hours. More
The accused persons are charged with one count of murder as defined in section 47 of the Criminal Law Codification and Reform Act (Chapter 9:23) (“the Act”) and another count of attempted murder as defined in section 189 as read with section 47 of the Act. More
In the murder case, the legal practitioners found each other but somewhere along the line they could not find the accused. This is because the legal practitioners, obviously with the concurrence of the accused agreed to proceed on the lesser charge of culpable homicide. A statement of agreed facts was prepared. However, when the charge was put to the accused, he pleaded not guilty to the charge. He completely denied causing the death of the deceased and raised self-defence. His legal practitioner was helpless in the face of her client’s change of heart. Fortunately, the key state witness was in... More
The accused stands convicted of the offence of murder. In this case, the court’s finding during judgment was that the accused proceeded to the deceased’s homestead. He unlawfully entered into her dwelling house for purposes of stealing. That on its own constitutes an aggravating circumstance. In addition the evidence before the court is that the deceased was well over 70 years. The deceased’s son testified in court that the she was over 70 years. The doctor who conducted the post mortem indicated in the autopsy report that the deceased was 73 years old. Once more that brings the crime into... More
The offender was initially jointly charged with one Takemore Chipura. At the close of the trial the court reserved its judgment. Takemore Chipura took that opportunity to abscond. He is a fugitive from justice. The offender who stands convicted of the murder of Garikai Chiwaridzo (the deceased) remained to face justice. The brief facts on which he was convicted are that together with his fugitive accomplice, they brutally attacked the deceased on the night of 25 November 2019 at 007 Hideout Nite Club in Glendale. The offender held the deceased with his hands helplessly pinned to his back. It gave... More
This matter was placed before me for review. The scrutinising magistrate’s comments show that the trial magistrate did not properly apply his mind during the trial. The following are the comments: -
“2. The accused was convicted after a full trial on a charge of theft as defined in Section 113 (1) (a) and (b) of the Criminal Law Code. I raised a number of queries with the trial magistrate and he conceded that he erred in most instances.
3. The accused entered his sister’s bedroom through the ceiling because the door was locked and US$10 belonging to his sister... More
The accused who was facing the charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform Act [Cap 9:23] was convicted of the permissible verdict of culpable homicide as defined s 49 of the same Act. More
The accused Liberty Chirimudombo faces a charge of murder. The allegations against him are that on 23 August 2022 at OK Mbare complex, he assaulted Munashe Mandebvu (the deceased) on his back and on the head with a wooden stick. The state alleged that he did so with intent to kill the deceased or realising that there was a real risk or possibility that his actions could lead to death but regardless of that realisation of the risk or possibility he persisted with his conduct. The deceased died from the injuries he sustained from the assault. More
he accused is facing one count of murder as defined in s 47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] and one count of attempted murder as defined in s 189 as read with s 47 (1) of the same Act. More
The accused who was initially facing a charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act [Cap 9:23] was subsequently convicted on his on plea of guilty of contravening section 49 of the same Act which relates to culpable homicide. This was after the matter proceeded on the basis of a statement of agreed facts. More
