The accused was initially facing the charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act [Cap 9:23]. However, he was convicted of the permissible verdict of culpable homicide as defined in s 49 of the Criminal Code [Cap 9:23] after the state and the defence agreed that it is the appropriate charge. The matter therefore proceeded on the basis of a statement of agreed facts. More
On the date of trial the second accused person defaulted. The state applied for a separation of trials to proceed against the first and third accused persons.
The accused personsappeared before the court facing a charge of murder in contravention of section 47 (1) of the Criminal Law Codification and Reform Act [Chapter 9:23]. It is alleged that on the 2ndof January 2021 the accused persons acting in common purpose assaulted the now deceased Innocent Tabera with axes and stabbed him with a knife causing his death. More
This matter has taken an unusually long period of time to be concluded. It has been a long walk to justice on the part of the accused person and all those involved.
Having been convicted of having committed the crime of murder with actual intend by my brother Judge BLACKIE J on 16 July 2002, we were only able to reconvene on 16 November 2010 to deal with the existence or non-existence of extenuating circumstances before sentencing the accused person. More
The accused was arraigned before the Magistrate’s court sitting at Western Commonage, Bulawayo. He was charged with two counts. In count 1 he was charged with the crime of contravening s 42(2) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23] (Criminal Law Code), it being alleged that on 23 July 2023 in a commuter omnibus he publicly uttered an insulting and grossly provocative statement targeting people of Shona ethnic group. In count 2 he was charged with the crime of assault as defined in s 89(1) (a) of the Criminal Law Code. He pleaded guilty and was convicted.... More
The scrutinising Regional Magistrate has referred these three matters to the Registrar for guidance. Although they were dealt with by two different magistrates, they involve similar facts and circumstances. More
This is perhaps a classical case of how not to conduct a trial based on a plea of guilty in terms of s 271 (2) (b) of the Criminal Procedure and Evidence Act [Cap.9:07]. In this case the accused a 17 year old juvenile had consensual sexual intercourse with a fellow juvenile in contravention of s 70 (1) of the (Criminal Law codification and Reform) Act [Cap. 9:23].The complainant’s age was assessed by a medical practitioner to be between 14 ½ and 15 ½. More
The accused was convicted of contravening s 368 (1) of the Mines and Minerals Act, [Chapter 21:05] on 12 October, 2016 by the Senior Magistrate at Bindura Magistrate’s Court. He was sentenced to a mandatory prison term of 2 years. On review, I could not make out the handwriting of the magistrate. More
After losing some obscure musical instrument(s) described in the papers only as a speaker at his home in Chitungwiza, the offender Owen Katsande teamed up with his friends who were named during the proceedings but were not before the court. They rounded up a number of people on suspicion of having stolen the instrument(s) in question. All of their suspects were taken to Owen’s house which they had turned into a torture chamber. The offender and his goons finally cornered the deceased Robert Nyatsine who was the offender’s nephew. They pinned the theft on him and fatally assaulted him. In... More
The 4 accused persons stand charged of treason as defined in s 20 (1) (b) of the Criminal Law Codification & Reform Act [Chapter 9:23]. They are alleged during the period 1 August 2015 and 22 September 2016 to have conspired to overthrow the Government of Zimbabwe by engaging in conduct preparatory to realizing their goal. More
This matter comes before me for review from the magistrate’s court, Chegutu. The accused was charged and convicted on hisown plea of guilty on a charge of contravening s 185(1)(a) of the Criminal Law (Codification and Reform) Act [Cap 9:23] that is, escaping from lawful custody. He was sentenced to two years imprisonment.
The brief facts as outlined in the record of proceedings are that the accused is aged 39 years. He was arrested on allegations of rape and on 22 September 2011 he was taken to the Chegutu magistrate’s court for a court appearance presumably for an initial remand.... More
The record in this matter was first placed before me on review on 23 September, 2016. I addressed a query to the magistrate who convicted the accused person. I reproduce the query hereunder.
“REVIEW MINUTE: THE STATE v PANASHE TAGWIREYI CRB MSVP 1236- 28/16 More
The accused faces one count of murder and 2 counts of attempted murder as defined respectively in ss 47 and 189 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. When the matter was called, the State and defence counsels advised the court that they needed time to draft an agreed statement of facts. The defence counsel had also just hurriedly taken instructions from the accused whom she had failed to access because he had not been transferred from Mutoko prison to Harare. The hearing was postponed to the following day, the 28th February, 2017. The prosecution moved the... More
The accused was convicted after she pleaded guilty to the charge of assault as defined in s 89 (1) (a) of the Criminal Law (Codification and Reform) Act [Cap 9:23] by the Resident Magistrate at Murambinda on 15 June 2010. More
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
