In this case the accused pleaded not guilty to a charge of Murder of his mother, in yet another domestic violence related murder. He tendered a plea of guilty to culpable homicide which limited plea the state did not accept and thus the matter proceeded to trial. A fully fledged trial of murder therefore occurred. The state alleged that on 27 January 2020 at Chishaya Village, Chief Tandi, Rusape the accused with actual intention or realising the real risk or possibility that his actions would cause death struck the deceased several times with a stone and bricks on the head... More
The accused, who was the deceased’s husband faced a charge of her murder. The accused’s wife went to fetch water from the well and never returned. She had instead been found strangled to death a few hours later that day. She was a mother of two at the time to a one year old and a six week old baby. The case against him was based wholly on the tally of cumulative circumstantial evidence. More
This is a criminal appeal wherein the accused person was charged and convicted of contravening s185 (1) (b) of the Criminal Law (Codification and Reform Act [Chapter 9:23]. It is alleged that on the 20th of August 2022 whilst under prison officials’ custody, fetching firewood the accused unlawfully escaped from lawful custody. He disappeared into the nearby bush whilst in the company of his inmates and escaped. He was arrested on the same day at the nearby Shopping Centre. He was sentenced to 46 months, with 12 months wholly suspended for 5 years on condition of good behavior. He is... More
This review was placed before me in terms of section 58(3) (b) of the Magistrates Court Act. The charge was phrased as follows: “PHYSICAL ABUSE” AS DEFINED IN SECTION 4 ARW SECTION 3(1)(A) OF THE DOMESTIC VIOLENCE ACT CHAPTER 5:16”. The circumstances were:
“In that on the 22nd day of November 2020 and at Chadley farm, Marondera, Nhamo Chakara unlawfully committed an act of physical abuse upon Jesman Mabhaure his former wife by stabbing her once on the back with a knife intending to cause Jesman Mabhaure bodily harm or realizing that there was a real risk or possibility that... More
The accused faced a charge of murder arising from the death of a policeman he was said to have run over at a police stop with his commuter omnibus registration ABZ 2324 on the 2nd of October 2016. More
This is an application for a discharge in terms of s 198 (3) of the Criminal Procedure and Evidence Act [Chapter 9:07] (“CP & E Act”). The accused are 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 5 June 2017 the accused persons wrongfully, unlawfully and intentionally killed and murdered Thengile Nyathi (“deceased”) by assaulting him with open hands and kicking him all over the body intending to kill him or realising that there is a real risk... More
The accused is 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]. It is alleged that on 7 May 2019 and at Musanga Village, Chief Saunyama, Nyanga, the accused unlawfully caused the death of Emmanuel Nyasha Masambu by hitting him several times on the legs and head with a wooden pick-handle, 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 risk or possibility resulting... More
The proceedings in this matter were placed before me on automatic review in term of s 57 (1) (a) of the Magistrates Court Act, [Chapter 7:10]. On reading through the record of proceedings I reached the conclusion that the sentence imposed by the court a quo was in all the circumstances of the case so disturbingly and shockingly excessive as not to accord with real and substantial justice and that to leave it extant would result in a miscarriage of justice. I determined that the sentence merited that the court should exercise its powers given in s 29 (2) (b)... More
The accused person was convicted on three counts of contravening s 65 of the Criminal Law (Codification and Reform) Act Cap9:23. He was sentenced to five years imprisonment of which three years were suspended on conditions of good behaviour and the remaining two years were suspended on condition he performed 840 hours of community service. The accused was 16 years old at the time he committed the offences. He was 19 at the time he was convicted and sentenced. The complaint was 12 years old at the time she was raped. More
The accused personwas charged with contravening s66 of the Criminal Law Codification and Reform Act, (the Code)that is “Aggravated Indecent Assault”. More
On 6 April 2008 the accused who was 17 years old and in the company of his cousin the late Trust Macharangwanda approached the deceased and accused her of practicing witchcraft and being responsible for death and illnesses in the family. The deceased who was 69 years old protested her innocence and suggested that the accusations required the presence of family elders. The result was a combined assault initiated by Trust and joined in by the accused. The two randomly assaulted the deceased using two sticks leading to the subsequent death of the deceased. More
The accused pleaded not guilty to the charge of murder as defined in s 47(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Criminal Law Code). More
The accused is a member of the neighbourhood watch committee. On 18 March 2007 he was at Gundura business centre Gokwe together with seven colleagues, investigating crime. During the course of investigations the accused and his accomplices accosted the seventeen complainants at a local shop. More
A 40 year old man, Fashion Chakanetsa (herein after referred to as “the deceased”) met his tragic demise at the hands of five assailants. The men are alleged to have assaulted him and made off with his motor vehicle, a Toyota Wish. He subsequently died from the injuries sustained during the assaults. Two of the men, Prosper Prince Esau (herein after referred to as “the first accused”) and Tichaona Chirume (hereinafter referred to as the “second accused”) were later arrested and arraigned before this court to answer a charge of murder in contravention of s 47(1)(a) of the Criminal law... More
The accused was initially arraigned before the court jointly charged with one Takeson Nyazama. The State as the dominus litis decided to withdraw charges before plea against Takeson and proceeded against the accused only. The accused was charged with murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Criminal Code). More
