The accused is facing a charge of murder as defined in s 47 of the Criminal law (Codification and Reform) Act [Chapter 9:23]. It is being alleged that on 6 January 2013 at Magunje Growth Point, Magunje, the accused unlawfully and with intent to kill or realizing that there was a real risk or possibility that his conduct might cause death, stabbed the now deceased Wellington Nzombe once on the neck with a broken bottle thereby causing injuries from which the deceased died. The accused pleaded not guilty to the charge, and tendered a defence outline which was produced in... More
The record in this matter was submitted for review by the Chief Magistrate’s Office which raised concerns following receipt of a complaint from the Zimbabwe Prisons and Correctional Services regarding the acquittal of the accused person by the magistrate. More
All the four accused are facing a charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform Act [Cap 9:23].
The charge is that on 4 January, 2021 at Wimpy Mining Site situate in the outskirts of Masvingo town each of the accused or all of them unlawfully caused the death of Rutendo Ndega by throwing her into a mine shaft intending to kill her or realizing that there was a real risk or possibility that their conduct might cause death and continued to engage in that conduct despite the risk of possibility. More
The accused person, Shepherd Chitsa then aged 20, strangled his 60 year old mother, Melania Matambura to death, in broad day light, in the midst of a heavy rain down pour, in their homestead at house number,1185, Hintonville, Chegutu. On that fateful day, of the 17th of January 2022, only accused and the deceased were at home, in a residence shared with the accused’s other two male siblings.
No one else witnessed what transpired apart from the accused and the deceased. Unfortunately the dead tell no tales. The deceased died and took her secrets to the grave. She was buried... More
At the inception of this matter, in August 2011, there were four accused persons charged with one count of unlawful entry in aggravating circumstances. The first accused (Guzha) pleaded guilty, while the second accused (Nhema) pleaded guilty and then appears to have changed his plea to one of not guilty. The third and fourth accuseds (Chikochi and Masiiwa) pleaded guilty and were separated for trial. More
The accused person faces a charge of murder, it being alleged that on the 4th of May 2018, he caused the death of the deceased Amos Sibanda. The accused person pleaded not guilty to the charge of murder. He instead offered a limited plea to the charge of culpable homicide. More
The accused pleaded not guilty to a charge of murder wherein it was alleged that:-
“On the 31st day of August, 2018 at number 14604, Unit ‘O’ Seke, Chitungwiza, Shepherd Mushurwa strangled Prosper Mushurwa and punched him thrice with fists on the stomach realizing that there was a real risk or possibility that his conduct may cause death, and continued to engage in that conduct despite the risk or possibility thereby causing his death.”
The deceased was a 12 year old son of the accused. More
The matter is coming up for judgement. It is with a sign of relief that we come to this concluding stage of the murder trial given the matter has been long outstanding since 2012. The 28th of April 2017, marked closure of trial of the 4 accused persons in a trial which started off with the accused being 5. We are indebted to both State and Defence counsel for filing closing submissions timeously, submissions which we found valuable and of assistance to the court in coming up with our disposition. During the course of the trial one Norman Mafigo who... More
: The applicants apply for bail pending appeal against both conviction and sentence. The applicants were convicted of “murder with constructive intention” as defined in s 47 (1b) of the Criminal Law Codification and Reform Act [Chapter 9:23] by MWAYERA Jsitting with assessors on 31 May 2017 in the High Court, Harare. More
MAWADZE J: The concession by the state to a lesser charge of culpable homicide as defined in s 49 of the Criminal Law (Codification and Reform) Act [Cap 9:23] is understandable.
There was no eye witness to the tragic events leading to the now deceased’s demise. It is the accused himself who can possibly explain what exactly happened. The post mortem report is of no use as the now deceased was found in a state of advanced decomposition. The cause of death could not be ascertained. The available state witnesses cannot take the matter any further. More
The accused a 48 year old first offender and family man pleaded guilty to a charge of “unlawful possession or use of Dangerous Drugs” as defined in s 157 (1) (a) of the Criminal Law Codification & Reform Act, [Chapter 9:23]. The facts of the case were that on 2 March 2018, the accused was found in possession of 1.630 kilograms of loose dagga at Msasa Beerhall Ruwange Growth Point, Nyanga. The dagga was found in the accused’s bag following a search of the bag. More
This matter was referred for review by the scrutinizing regional magistrate who on the facts of the case was unhappy with the propriety of the conviction. More
The accused is a female adult. She was 29 at the time of the commission of the offence. She faces a charge of murder as defined in section 47 (1) of the Criminal Code, [Chapter 9:23].
The statement of agreed facts tendered into the record and marked as Exhibit 1 confirms that the accused resided in the Mitiyabo village under chief Mahlebadza in Mberengwa district. The deceased Monias Ncube resided at his own home in Mahobo village under chief Bvukwe also in Mberengwa. He was aged 49 at the time he met his death. More
After the oral evidence of 2 state witnesses and the admission in terms of section 314 of the Criminal Procedure and Evidence Act of 12 other state witnesses’ evidence as summarised in the state outline, the state called a 3rd witness to give oral evidence, one Lovemore Sibanda. More
An accused person who pleads guilty to a charge must have all the essential elements of the offence put to him, each in turn. He must be accorded an opportunity to respond to each element of the crime. Where he is convicted when some element(s) of the offence has/ have not been put to him, his conviction is improper. It cannot, therefore, stand. More
