This matter was referred to me by the scrutinising Senior Regional Magistrate for the Eastern Division who felt that it needed urgent attention as there was a likelihood of a grave injustice occurring given that the accused person had been given an unjustified term of imprisonment. More
The accused is charged with murder as defined in section 47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23], it being alleged that on 8 January 2018 and at village 3, Beconkop Farm, Shurugwi he unlawfully caused the death of Batsirai Shava, by striking her with an axe once on the head and once below the left jaw, intending to kill her or realizing the real risk of his conduct causing death and continued to engage in that conduct nonetheless. More
The accused has been arraigned on a charge of the crime of conspiracy to commit murder as defined in section 188 (1) as read with Section 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] in that on the 30th day of May 2017 and at Dirozvi Meeting Place Lodges Chivhu the accused person unlawfully and intentionally entered into an agreement with Obert Juru for the killing of Makanaka Vhutani intending by the agreement to bring about the commission of murder or realising that there was a real risk or possibility that the agreement may bring about the... More
The two accused persons were facing a charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform Act [Cap 9:23]. The charge being that accused 1 Taruziva Sithole (hereinafter accused 1) and accused 2 Shackmore Dube (hereinafter accused 2) both age 38 years and 28 years respectively and in Village 3, Wedza block, Chief Mazhetese, Mwenezi, Masvingo unlawfully caused the death of Irene Sithole (hereinafter Irene) a juvenile aged 7 years by assaulting her all over the body with switches intending to kill her or realising that their conduct may cause death and continued to... More
The proceedings in this matter are not only marred by procedural irregularities but also involve issues of substantive law. This matter was referred to this court ostensibly for my views by the Gutu Resident Magistrate. This was after the accused was convicted of contravening section 189 as read with section 65 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] which is attempted rape. The accused had pleaded guilty to the charge and was duly convicted. However before sentence the Gutu Resident Magistrate, to her credit, had second thoughts on the propriety of the conviction and sought the... More
On 6 February 2022, Tatenda Manyani a twenty-two year old young man, (herein after referred to as “the accused”), allegedly brutally attacked Emmanuel Choponyera (herein after referred to as “the deceased) at Cornerstone Junior school in Nyatsime Chitungwiza. The accused is alleged to have used booted feet and other unknown objects to indiscriminately assault the deceased. He also dragged him along a paved road. The assault resulted in fatal injuries. Following that violence, Tatenda Manyani was dragged before us, to answer to a charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act [Chapter... More
The two accused appeared before us charged with the offence of murder as defined in section 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (hereinafter referred to as “the Code.”) the State alleged that on 25 January 2021 at around 4:00 a.m., Tatenda Ringson Anoki (the deceased) unlawfully entered into and stole from a shop that was manned by Tatenda Migeri (hereinafter referred to as the “1st accused”.) He was caught in the act by the 1st accused who called upon Cornius Kamutongo (hereinafter referred to as the “2nd accused)” for assistance. The two accused took turns... More
The trial court erroneously caused the prosecution of a 12 year old juvenile without the Prosecutor General’s authority in terms of section 231 of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. The section provides:
“231. Prosecutor-General to authorize prosecutions of children under fourteen years.
No proceedings in respect of any crime shall be instituted or continued against any person who is under the age of fourteen years, other than proceedings for the purposes of remand, without the authority of the Prosecutor-General.” More
The accused, Mr. Tawana Paul Clifford Ngwenya, is appearing before this court charged with the crime of murder as defined in section 47(1) of the Criminal Law (Codification and Reform) Act Chapter 9:23 (Criminal Law Code). It being alleged that on 29 May 2020 the accused struck Tabelo Mazolo (hereinafter referred to as “the deceased”) on the head with an iron bar and slit her throat with a knife intending to kill her 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... More
This record was placed before me with the Regional Magistrate’s comments as follows:-
“The accused was sentenced to pay a fine for US$100-00 or in default of payment 6 months imprisonment
I queried the apparent mismatch between the fine of $100-00 and the alternative term of imprisonment.
The trial magistrate concedes that the length of the alternative period of imprisonment is inordinate
The record is submitted to his/her Lordship for attention”. More
Accused faces charge of murder it being alleged that on the 22nd of September 2010 he assaulted the deceased Tambudzai Mpofu with clenched fists and an iron bar resulting in the deceased later dying from the injuries sustained in that assault. He pleaded not guilty to the charge, he however tendered a limited plea to the charge of culpable homicide. The state counsel accepted that plea and the parties drew a statement of agreed facts. It was tendered and marked Exhibit 1. More
The accused is appearing before this court charged with the crime of murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It being alleged that on 9 August 2023 he unlawfully caused the death of Cabangani Tshuma referred to as the deceased by striking him with a wooden log once on the head intending to kill him 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 two accused persons were charged 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, whilst at a certain beer drink, they struck the deceased with clenched fists and a stone, intending to kill him, or, despite realising the real risk or possibility that their conduct might cause death, continued with it. The deceased later died on the way to clinic. More
On 12 October 2016, in HMA 04-16, we delivered judgment in Accused 2’s application for discharge at the close of the State’s case. We dismissed the application. The trial then proceeded for both accused persons to give evidence. This now is the final judgment. It is expedient to reproduce the material parts of the judgment aforesaid and take the matter up from there. More
