The accused was arraigned before this Court on 11 June 2020 on a charge of murder as defined in section 47 of the Criminal law [Codification and Reform] Act Chapter 9:23. It being alleged that on the 22nd May 2019, and at an unknown place, the accused person assaulted Sisasenkosi Sibanda with open hands, clenched fists, waist leather belt and an unknown instrument on the head and all over the body intending to kill Sisasenkosi Sibanda or realising that there is a risk or possibility that his conduct may cause the death of Sisasenkosi Sibanda, he continued to engage in... More
This review is at the instance of the scrutinising Regional Magistrate. The accused appeared before the magistrates’ court sitting at Gweru, in the Midlands Province. He was charged with the crime of contravening s 3(1)(a) as read with s 4(1) of the Domestic Violence Act [Chapter 5:16]. It being alleged that on 2 February 2023 the accused committed physical abuse upon the complainant, his wife by strangling her and kicking her all over the body with a wooden log three times on the right arm and three times on the right leg. The accused pleaded guilty and was duly convicted.... More
The accused was arrested and the Magistrate ordered that he be examined by two doctors in terms of s26 of the Mental Health Act. He was found to be mentally challenged. The background as set out by the psychiatric nurse Christopher Njanjeni is that the accused was not well since 2004. He received treatment for mental illness. His deceased father would accompany him for medical treatment. The accused would experience visual and auditory hallucinations. He later defaulted treatment. His deceased father took him for treatment at some church where a prophet assisted him. At this stage he had stopped taking... More
The accused faces a charge of murder, it being alleged that on the 21st of July 2019, he assaulted deceased Samon Mpala with clenched fists causing his death. The accused pleaded not guilty to the charge of murder and tendered a limited plea to culpable homicide. The state accepted this limited plea and the parties drew a statement of agreed facts that was tendered and marked exhibit 1. It reads as follows: More
The 3 accused appeared before the court charged with murder, as defined in section 47 (1) of the Criminal Law (Codification and Reform) Act, Chapter 9:23. Accused 1 and 2 tendered limited pleas of guilty to culpable homicide which were not accepted by the state whilst accused 3 tendered a plea of not guilty. More
This record was placed before me on automatic review. I raised two queries relating to what I considered a lenient sentence for attempted murder and why the sentences for the two robbery counts were ordered to run concurrently in circumstances where they were committed on different dates and places.
The court a quo’s approach to sentence resulted in an effective 15 year sentence for (1) attempted murder committed in the course of a robbery resulting in the complainant sustaining serious injuries; (2) two counts of robbery wherein the complainants were attacked with iron bars, machetes and an axe. Indeed the... More
The accused is charged with murder as defined in section 47 (1) of the Criminal Law (Codification and Reform) Act, Chapter 9:23. He pleaded not guilty.
The state’s case is that on 18th May 2019 at around 2000 hours the accused, deceased, Morgan Fundira and deceased’s brother, one Ndaba Ncube were at Zvope bottle store in Chiundura. Morgan Fundira, who is the owner of the bottle store decided to close the bottle store and advised all the patrons to leave.
The accused was not amused and started shouting at Morgan threatening him and Ndaba Ncube with death. The deceased and... More
The accused is charged with murder as defined in section 47 of the Criminal Law (Codification and Reform) Act, Chapter 9:23, to which he pleaded not guilty.
The state alleges that on 11 February 2022 the deceased was at Somhlanga shops in Lupane when the accused arrived. The accused proceeded to shout at the deceased accusing him of having impregnated his mother and thereafter neglecting her. The accused thereafter took a brick, an iron bar and a knife and used these weapons to assault the deceased. He threatened to cut off his testicles as he considered them as the offending... More
The accused has been arraigned in this court on a charge of murder in contravention of section 47 (1) of the Criminal Law Codification and Reform Act (Chapter 9:22). Accused pleads not guilty to the charge of murder. Accused tenders a plea of guilty with respect to the lesser charge of culpable homicide. The State accepts the limited plea.
A statement of agreed facts has been tendered into the record by the State. The brief facts surrounding the circumstances of this offence are that on the 24th day of December 2020 at around 20:00 hours the accused arrived at his... More
The above record was referred to the Registrar for placement before a judge following a query raised by the scrutinizing magistrate on the impropriety of how the trial magistrate formulated the sentence imposed on the accused following the accused’s conviction. More
The 70 year old accused appeared in this court facing a charge ofmurder in contravention of section 47 (1) (a) of the Criminal Law Codification and Reform Act (Chapter 9:23). The state alleges that on the 28th of March 2018 and at Block 66/2038 Mpopoma, Bulawayo, the accused struck Denis Frank Sibanda all over his body with a plank several times intending to cause his death or realising that his conduct may cause the death of the deceased. The accused pleads not guilty to the charge ad tenders a plea of guilty with respect to the lessor offence of culpable... More
The 2 accused persons face 2 counts of murder, it being alleged that on the 16th of April 2018 both accused persons assaulted Dumenkosini Mankebe Sibanda and Andile Ncube on the same date but at different places and at different times resulting in the death of the 2 deceased persons. More
The facts of this matter make some very sad reading. The accused was charged with murder in contravention of section 47 of the Criminal Law Codification and Reform Act for the murder of 86 year old Chilemba Mudenda by striking him with an axe once on the neck intending to kill him or realising a real risk or possibility that his conduct may cause the death of the said Chilemba Mudenda but nonetheless continued to engage in that conduct despite the risk or possibility.
The accused was further charged with attempted murder as defined in section 189 as read with... More
On the 5th of July 2022 the now deceased’s 11 year old sister advised that the now deceased had lost his pen. The now deceased admitted as much. The accused then told the now deceased to look for a switch which the accused then used to assault him several times until the switch broke. The switch was 60 cm long, 3 cm in diameter and 0,020 kg in weight. The deceased bled as a result of the assault and the accused took him to a clinic when his condition deteriorated. He was then transferred to St Luke’s hospital where he... More
The accused are facing a charge of murder, as defined in section 47 (1) of the Criminal Law (Codification and Reform) Act, Chapter 9:23. Accused 1 tendered a plea of guilty and it being a murder charge, a plea of not guilty was entered. Accused 2 tendered a plea of not guilty.
The state alleges that on 23rd December 2020 the deceased and one Alexander Sibanda left their homesteads at around 0800 hours and passed by Matshetshe Business Centre en route to a party. At the business centre they consumed some alcohol and the 2 accused were also present and... More
