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
The four accused persons are charged with theft in that on a date unknown to the prosecutor and during the period from 25 May 2018 to 15 August 2018 and at Zimbabwe Republic Police Plumtree, the accused persons one or all of them took property namely 28,5kg of gold knowing that Zimbabwe Republic Police Plumtree the lawful custodian is entitled to possess or control the said property or realizing that there is a real risk or possibility that ZRP may be so entitled and intending to deprive ZRP permanently of possession and control, or realizing that there is a real... More
MABHIKWA J: The accused is charged with the crime of murder in terms of the Criminal Code, it being alleged that he intentionally or realising the real risk of death ensuing, killed his wife Winnet Nyika on 12 February 2019. The accused has pleaded not guilty to the murder but has pleaded guilty to culpable homicide.
The agreed statement of facts filed by the state and the defence reveals that the couple quarreled over a text message that went into the deceased’s cellphone. The accused then suspected the deceased of infidelity. A misunderstanding ensued followed by a fight. In the... More
