: In this unusual case, the two accused who are siblings are charged with murder and attempted murder. Apart from the bizarre circumstances surrounding the charges, the other unusual aspect is that the victim of the murder was the accused’s mother and the victim in the attempted murder is their sister. More
Admittedly judicial work is a painstaking laborious job. When one however accepts judicial office he assumes grave responsibilities. He wields enormous frightening power which must be used honourably, conscientiously and above all responsibly. A judicial officer must apply himself to his work with assiduous care and diligence. This is for the simple but good reason that the enormous power which he wields can have catastrophic effects if not used properly.
Regrettably this case demonstrates how not to conduct judicial proceedings. A perusal of the record of proceedings shows that the hearing was conducted in the most perfunctory run of the... More
The accused in this matter was convicted on his plea of guilty to a charge of unlawful entry in aggravating circumstances as defined in section 131(2)(e) of the Criminal Law (Codification and Reform) Act [Cap 9:23]. Although the process of conviction is otherwise in order, the framing of the charge warrants further scrutiny. More
The accused was charged with and convicted of unlawful possession of 700g of dagga as defined in s 157 (1) of the Criminal Law Code. She pleaded guilty to the charge and was duly convicted. I hereby confirm the conviction. The accused was sentenced to 24 months’ imprisonment of which 6 months’ imprisonment was suspended for 5 years on condition she does not within that period commit an offence involving unlawful possession of dangerous drugs for which upon conviction she is sentenced to imprisonment without the option of a fine. The remaining 18 months’ imprisonment was suspended on condition of... More
The accused person faces a charge of murder it being alleged that on the 9th of May 2016 and at house number 692/5 Mbizo, Kwekwe, the accused person unlawfully caused the death of Thelma Mashiri by striking her with an electric cable many times all over the body. The accused person pleaded not guilty to murder but tendered a limited plea to culpable homicide. The state counsel accepted that limited plea and the parties drew a statement of agreed facts that was tendered and marked Exhibit 1. More
The accused was charged with contravening s 4(1) as read with s 4(1)(a) of the Firearms Act [Cap 10:09]. He was convicted on his own plea. Nothing turns on the conviction. More
This is an appeal that was noted out of time. An application for condonation of late filing of the appeal was not opposed by the respondent. Condonation was granted. More
: In this matter the Attorney-General has, in terms of s 35 of the High Court Act, [Cap 7:06], filed a notice conceding that the conviction of the appellant cannot be supported. More
This matter was placed before me as a review in terms of s 57 (1), as read with s 57 (4) of the Magistrates Court Act [Chapter 7: 10], as read with s 29 (1), and s 29 (5) of the High Court Act [Chapter 7: 06]. The accused was convicted 6 counts of fraud as defined in s 136 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] and another count of theft of trust property More
The accused in this case was arraigned before a magistrate sitting at Chitungwiza facing a charge of contravening s 131 of the Criminal Law (Codification and Reform) Act, [Cap 9:23]. The section criminalises unlawful entry into premises. More
The accused faced a charge of murder as defined in s 47 (6) (a) or (b) of the Criminal Law (Codification & Reform) Act [Chapter 9:23] (“the Criminal Law Code”). It is alleged that on 24 June 2016 at Sanyabako Village, Chief Saunyama, Nyanga, the accused unlawfully and with actual intent, or realizing that real risk or possibility of death occurring struck WilbertMautsa with a knife and an axe all over the body thereby inflicting injuries from which the said Wilbert Mautsa died. More
The two accused persons were convicted following their pleasof guilty to two counts of theft contravening (section 113 (1) (a) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]) (the “Criminal code”) More
The appellant was charged firstly with contravening s 45(1) (a) as read with s 128(a) of the Parks and Wildlife act [Cap 20:14] and secondly contravening s 28(1) (a) of the Criminal law (Codification and Reform) Act [Cap 9:23]. He pleaded not guilty to both counts but was convicted of both after a trial. He was sentenced on the first count to US$2000 or 8 months imprisonment with labour. On the second count he was sentenced to US$40 or 6 days imprisonment. In addition he was sentenced to 2 years imprisonment which was wholly suspended for 5 years on condition... More
The accused is being charged with the offence of murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The allegations against him are that on 27 February 2008 at about 2100 hours at Rimuka Westview Road, Kadoma, the accused person together with one Stanford Manomano who is at large unlawfully and with intent to kill or realizing that there was a real risk or possibility that their conduct might cause death, murdered the now deceased Notice Chidangwaira by assaulting him on the head using unknown objects thereby inflicting injuries from which he died.... More
Wellington Gwashure (the accused) is alleged to have murdered the deceased who was his wife on 3 October 2022. Prosecution alleges that on that date and in contravention of section 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] he unlawfully and with intent to kill or realizing that there was a real risk or possibility that his conduct may cause death but continuing to engage in that conduct despite the risk or possibility, assaulted the deceased several times all over the body with wooden sticks, booted feet and clenched fists. The deceased sustained injuries from which she... More
