The matter started off as a murder trial. At the close of State case, parties conferred and agreed that the accused persons’ plea to culpable homicide be accepted. A statement of agreed facts outlining common cause aspects was compiled and presented before the court. Having established the genuiness of the plea of guilty to culpable homicide we retained a verdict of guilty to culpable homicide. We were then addressed in mitigation and aggravation by the respective counsels. More
The accused is charged with various counts involving conspiracy to commit acts of terrorism, sabotage and illegal possession of firearms in a bid to unseat a lawfully established government in contravention of the Public Order and Security Act [Cap 11:17] and the Firearms Act [Cap 10:09] More
The accused was charged with murder of his cousin on Christmas day 2016 on their way from Dotito business centre where they had gone to drink beer. He pleaded not guilty. It is not in dispute that the two had gone drinking on that day. The accused was having an illicit relationship with the deceased’s wife which was indeed still on-going at the time that the deceased met his death. This much is evident from the evidence of the deceased’s wife that was admitted by consent in terms of s 314 of the Criminal Procedure and Evidence Act [Chapter 9:07]. More
The accused was charged with the crime of theft of Trust property as defined in s 113(2) of the Criminal Law (Codification & Reform) Act, [Chapter 9:23]. The details of the charge are that on 23 April 2021 at Gulf Complex Harare, the accused was in terms of a trust agreement between him and the complainant required to hold in trust on behalf of the complainant USD$1 900.00 for purposes of purchasing six television sets of varying sizes. The accused contrary to the agreement converted USD1 710.00 of the trust money to his own use thus failing to hand the... More
Through a twist of fate an 82 year old octogenarian’s life tragically came to an end at the hands of the accused. The accused, a female then aged 34 had a history of epileptic seizures. The condition or chemical imbalances that can be induced as a result of the seizures culminated into the accused losing control of her mental faculties. She started by conversing inaudibly to unknown invisible persons. The family decided to seek spiritual intervention and took her to a prophet’s shrine. Her condition deteriorated prompting the accused to take to her heels with her mother in hot pursuit.... More
The Regional Magistrate for Masvingo Province has referred these two matters to this Court for directions and corrective measures. Both cases involved offences under the Parks and Wild life Act [Chapter 20:14] and were dealt with by the same trial magistrate. In order to address the issues raised by the learned Regional Magistrate, it is necessary to set out the relevant provisions of the Parks and Wildlife Act. More
The accused in this case was found guilty on his plea of guilty to a charge of negligent driving in contravention of section 52(2) of the Road Traffic Act [Cap 13:11]. The conviction is in order and is accordingly hereby confirmed. More
On the 31st August 2018 and at around 20:00 hours the accused, the deceased and one Abongile Ndatshana were drinking opaque beer at Umguza beer garden, Fingo Business Center. Later that night, the 18 year old accused and the deceased who was aged 17 years at the time he met his death, together with other young men were to proceed for an Umguyo circumcision ceremony. The Xhosa male circumcision is a ritual that has been practiced for several centuries by the Xhosa people. It serves as a passage from boyhood to manhood. More
The prosecutor alleged that on 17 May 2023 at night, in fact around 2020 hours, the deceased stormed the first accused’s homestead. He had a stone to grind with the first accused because he had information that the first accused was ill-treating his(accused’s) sister. Fortunately, when he arrived, the first accused was not home. He decided to be patient and waited for the first accused. During that wait, the second accused arrived. He had also been told that the deceased had earlier in the day also descended on his homestead hurling insults. He inquired what the deceased had been looking... More
The appellant was charged, tried and convicted of fraud as defined in s 136 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was sentenced on 19 April, 2022 to 24 months imprisonment 3 months of which was suspended for 5 years on condition that he would not commit an offence involving dishonesty or fraud for which, upon conviction, he would be sentenced to imprisonment without the option of a fine and 9 months was suspended on condition he would make restitution to complainant in the sum of US$18 000 through the Clerk of Court on or before... More
The accused, a 30 year old was convicted of attempted rape as defined in section 65 of the Criminal Law (Codification & Reform) Act, [Chapter 9:23] as read with section 189 of the same enactment. He was convicted on his plea of guilty by the senior magistrate sitting at Mount Darwin Magistrates Court on 24 July, 2017. More
This is a rather tragic matter in all material respect. The now deceased was a mental patient who unfortunately lost his life in rather bizarre circumstances. Both accused persons are in the afternoon of their lives. More
The two accused persons are residents respectively of Zimbiru and Mungate villages under Chief Chinamhora. They were arraigned before this court on a charge of murder as defined in s 47 of the Criminal Law (Codification & Reform) Act, [Chapter 9:23]. The indictment against them alleges that on 31 January, 2016 around 2230 hours the two of them unlawfully and intentionally caused the death of one, Allan Katimba whom they manhandled and stabbed on the inner and upper elbow twice using a sharp edged broken bottle resulting in injuries from which Allan Katimba dies. More
