The challenge in this matter is how to rectify the incompetent sentence imposed by the learned Provincial Magistrate following the wrong procedure adopted in respect of count 2. One would have thought that the experienced learned Provincial Magistrate would not make such elementary mistakes. More
This is a rather unusual case in which both accused persons are facing two counts of murder as defined s 47(1) of the Criminal Law (Codification and Reform) Act [Cap 9:23] committed on the same day and at the same place. More
Both applicants are being charged with two counts of robbery committed in aggravating circumstances as defined in s 126 of the Criminal Law (Codification and Reform Act) [Cap 9:23]. More
The applicant, a fifty-five year old medical doctor seeks to be admitted to bail following his arrest and subsequent detention on charges of murder and attempted murder (i.e. contravening section 47 of the Criminal law (codification and Reform) Act [Chapter 9:23] and contravening section 47 as read with section 189 of the same Act.) More
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 being alleged, that on 8 October 2014, at Charu homestead, he unlawfully and with intent to kill, or realising that there was a real risk or possibility that his conduct might cause death struck Chiki Charu on the back of the head with an axe thereby causing him injuries from which he died. More
The accused was arraigned for murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act [Cap 9:23].
At the commencement of the trial counsel found each other and agreed that the proper charge was culpable homicide as defined in s 49 of the Criminal Law (Codification and Reform) Act, Chapter 9:23]. The matter therefore proceeded on the basis of a statement of agreed facts. More
The two accused persons were convicted of the offence of “unlawful entry into premises in aggravating circumstances as defined in s 131 (2) (a) (b) of the Criminal Law (Codification & Reform) Act, [Chapter 9:23]” by the senior magistrate at Harare on 6 April, 2018. They were each sentenced as follows
“49 months imprisonment of which 24 months is suspended for 3 years on condition accused does not within that period commit any offence involving unlawful entry and dishonesty for which he is sentenced to imprisonment without the option of a fine. Of the remaining 24 months imprisonment 1 month... More
The scrutinizing regional magistrate addressed a minute to the Registrar in which he highlighted some irregularities in the proceedings. Following an exchange between the scrutinizing regional magistrate and the trial magistrate, the latter conceded the anomalies that were highlighted to him. More
The accused pleaded not guilty to a charge of murder as defined in Section 47 (1) of the Criminal Law (Codification) and Reform Act [Chapter 9:23]. The brief allegations forming the basis of the charge being that on the 26th June 2018 at Mapinge Village, Mutema, Chipinge, the accused unlawfully caused the death of Patikai Madaro by stoning him and striking him several times on the head with a machete and a stone realising that there was a real risk or possibility that conduct might cause death and continued to engage in that conduct despite the risk or possibility resulting... More
The accused person was charged and convicted following a full trial for contravening s 38(4)(a) of the Railways Act, [Chapter 13:09], after pleading not guilty. He was sentenced to a minimum mandatory imprisonment term of five years. The court stated that there were no special circumstances warranting the reduction of sentence. More
This case evokes once again, the raging debate regarding the administration of corporal punishment on children by parents and guardians. Whichever side one takes in the discourse, it is a fact that some of the unintended consequences of that method of instilling discipline in children may be ghastly. The accused wept uncontrollably from time to time throughout the course of the trial. She was arraigned before us on a charge of murder in contravention of s 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Criminal Law Code). The State alleges that on 20 January 2022, Yeukai... More
The accused persons in this case are charged with three separate counts of murder, assault and arson. These three counts arise from events which took place in 2000 at Nehanda Resettlement Village, Madziwa. More
This murder case raises one issue for determination whether the accused is liable for the death of the deceased who fled from the accused and jumped into a river and died. The background facts are largely common cause. On the 20th of January 2024 the accused who was in the company of one other person apprehended the deceased Tawanda Musona a suspected thief. They assaulted him using open hands and switches. They intended to take him to the farm office. Along the way, the deceased bolted. He ran away, they pursued him. Deceased ran and jumped into Munene River. The... More
This matter involves a love triangle. Despite her advanced age the accused who hails from Mamvura village Chief Munyikwa, Gutu was in love with two men. These were Simbarashe Matombo the aged 46 years who is the now deceased and was residing in Matombo village, Chief Munyikwa, Gutu and one Ephias Chiwara aged 49 years of Mutsaka Village, Chief Munyikwa, Gutu. These two men were aware that they were in love with the same local woman, the accused. In fact Ephias Chiwara said before this incident he had been once assaulted over this same woman, the accused, after being found... More
The accused in this case pleaded not guilty to a charge of murder proffered by the State. It is alleged that on 14 October 2018 at Muyambo Homestead, Ukoto Village, Chief Musikavanhu, Chipinge, the accused unlawfully caused the death of Joel Muyambo by striking him on the head once with a log with an intention to kill him or realising that there was a real risk or possibility that his conduct might cause death and continued to engage in that conduct despite the risk or possibility.The accused was thus charged with murder as defined on s 47 1 (a) or... More
