This review matter once again brings to the fore the often vexed question of what amounts special reasons for one to escape the mandatory minimum sentence prescribed for theft of bovine beasts. The brief facts of this matter are the following. The accused was convicted following his plea of guilty to the offence of stock theft in contravention of section 114 (2) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. He candidly admitted having unlawfully slaughtered stray beast whose custody for the time being had been entrusted to him. The owner of that beast remains unknown. More
Joyce Chikomo (the deceased) and Zvisineyi Rupiya (the accused) stayed in bliss at a farm compound in the farming areas of Bindura. The serenity in the area was rocked on 7 September 2023 around 1700 hours after the deceased confronted the accused who was in conversation with one Beauty Mutyambizi. The deceased wanted to know what the two were discussing. Taking no prisoners, the deceased said they were discussing the rumour which was circulating in the area that the accused had had sexual intercourse with her neighbour called Abraham Saramba and was paid USD $5 for the service. The accused... More
The accused person pleaded not guilty to the offence of murder in contravention of s47 (1) of the Criminal Law Code. He raised two defences, provocation and self- defence with voluntary intoxication as a mitigatory factor. It is alleged that he axed to death his friend and relative, Washington Kachepa, on the night of 25th of March, 2024 after a beer drink at Bluegrass Village, Kadoma. More
. It is alleged that on 20 June 2021, in Braeside Harare the accused caused the death of SimbarasheMuzividzi by slapping him twice on the face and pushing him onto a hard, stony ground with intent to kill or realising that there was a real risk or possibility that death may result. On the fateful day, both the accused and the deceased were allegedly drinking beer with Kevin Levendale and two other colleagues. A misunderstanding then arose between the accused and the deceased with the latter demanding respect from the former whom he alleged was younger than him. The accused... More
At the commencement of this trial, the state successfully applied for separation of trial as the accused was jointly charged with one Charles Chinhosva. Charles Chinhosva is at large and a warrant of his arrest was issued. The trial proceeded in respect of the accused Lazarus Togarepi. More
MAWADZE J: This review judgment has been occasioned by the need to assist judicial officers especially Magistrates in sentencing juveniles convicted of criminal offences in light of the decision of the Constitutional Court in the case of State v Willard Chokuramba& 4 Ors. CCZ 10/19. More
: The delay in finalising this criminal trial has been occasioned by the none availability of one of the state witnesses the then Sgt Richmore Pepukai who had left the police force and was said to have relocated to Botswana. Although the trial commenced on 22 March 2018, Sgt Richmore Pepukai only availed himself on 6 June, 2019. Meanwhile pro deo counsel for the accused constantly changed in the process from Mangwana and Partners. When the trial started Ms V. Zvobgo represented the accused. After she relocated Ms P. Chimwanda took over who also left and the trial was completed... More
The trial of the accused commenced on 9 November, 2016 and the state case was only closed on 27 June 2019. The reason for this long delay has been the unavailability of a key state witness Dr.SanganaiPesenai. The state indicated that Dr SanganaiPesenai was unwell and could not travel to Masvingo from Bulawayo. He only availed himself on 27 June, 2019 after which the state case was closed. An application for the discharge of the accused was then made on the same day. Due to this prolonged delay we proceeded to give an extempore ruling on the application on the... More
This case is an epitome of a poorly investigated case. As a result the trial became tedious as it was characterised by irrelevant State witnesses. The incident in this case occurred in bar in which there were about 25 local people but the Investigating Officer could not record any statement from all these witnesses save from the barman who had not actually seen what happened. To make matters worse this Investigating Officer one Sgt. Ngonidzashe Nhukarume seemed clueless of what was expected of him in such a serious case and ended up conceding in court that he was giving misleading... More
The tragic events in this matter are rather saddening.
The 29 year old accused who hails from Matya Village, Chief Murinye, Masvingo tragically caused the death of his 69 year old father on 12th June, 2019.
Initially the accused was charged of murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act [Cap 9:23]. However the state and the accused’s pro deo counsel found each other and agreed that the proper charge is contravening section 49 of the Criminal Law (Codification and Reform) Act [Cap 9:23] which relates to culpable homicide. The matter therefore proceeded on... More
The accused was arraigned before this court on a charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. More
This matter is a cocktail of legal disaster to put it mildly. It is clearly a matter which was poorly investigated, ineptly prosecuted and defended and finally thoroughly bungled by the trial Magistrate. Even Mr Zvekare for the National Prosecuting Authority to whom I referred the matter for his views had uncomplimentary comments for the police, the trial prosecutor, accused’s legal practitioners and the trial Magistrate. My sense of justice was greatly offended by how this matter was handled. More
This review judgment has been necessitated by the learned trial Magistrate’s apparent failure to embrace the modern day sentencing principles in our criminal justice system. These general principles are well articulated by NDOU J in the case of S v Shariwa 2003 (1) ZLR 314 (H). More
This matter mirrors what has gone wrong in our society.
It is taboo in our culture for a child to lay a hand on his or her parents. The accused’s conduct in this matter does not only fall foul of the sixth commandment which says; “thou shall not murder” but mostly importantly the fifth commandment which says; “honour your father and mother, that your days may be long upon the land which the LORD your GOD is giving you.” More
The accused who resides in Village 25, Chief Sengwe, Chiredzi is facing two counts.
In count 1 the accused is facing the charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act [Cap 9:23] in that on 18 June 2015 at Gonowani Village, Headman Mpapa, Chiredzi the accused stabbed the now deceased Stephen Chikucha with an unknown sharp object in the chest causing his death.
In count 2 which relates to attempted murder defined in s 189 as read with s 47(1) of the Criminal Law (Codification and Reform) Act, [Cap 9:23] it is... More
