The accused was convicted on his own plea of guilty on a charge of contravening section 3(i) as read with section 30(2) of the Gold Trade Act [Chapter 21:03] in that he was found in unlawful possession of 31.0659 grammes of Reef Gold valued at $1 667 922.00.
On those facts the accused was sentenced to pay a fine of $500 000.00 or in default of payment 10 months imprisonment. In addition 12 months imprisonment was suspended on the usual conditions of good behaviour for a period of 5 years. The reef Gold concerned was forfeited to the State. More
The accused person in this case was convicted by a provincial magistrate at Guruve of two counts of stock theft as defined in s 114(2) (a) of The Criminal Law (Codification and Reform) Act [Chapter 9:23]. Having found that no special circumstances existed the provincial magistrate sentenced the accused to the minimum mandatory 9 years imprisonment on each count. The record of proceedings was placed before me for what is colloquially called automatic review in terms of s57 of the Magistrates Court Act [Chapter 7:10]. I dispensed with the norm of seeking the views of the concerned magistrate before reviewing... More
Andrew Tshuma, a male adult aged, 39, stands accused of the murder of his roommate Prince Guvheya over a trivial issue arising from accused’s lack of hygiene. He has been charged of contravening s47(1) of the Criminal Law Codification and reform Act, [Chapter 9:23], herein after, the Criminal Law Code. Initially there were three suspects but two where never arrested and are on the run. More
This review judgment addresses the case of the State versus Anesu Bhobho, convicted under s 70(1)(a) of the Criminal Law Codification and Reform Act [Chapter 9:23], which pertains to the offense of having sexual intercourse with a young person. The Magistrates Court, on 10 February 2025, sentenced the offender to 24 months of imprisonment with 12 months suspended leaving an effective jail term of 12 months. The reasons given for opting for a custodial sentence were cursorily captured as follows; “However owing to the seriousness of the offence and its prevalence the court will settle for a custodial sentence as... More
This matter came before me by way of automatic review. Having reflected at length, I am of the view that the conviction is not safe. This is despite that the accused pleaded guilty. More
The accused pleaded not guilty to a charge of contravening s 47 of the Criminal Law (Codification and Reform) Act [Cap 9:23]. The charge alleges that on 23 January 2007 and at Gwina Farm, Banket the accused, intending to kill Regina Kapere and or realizing that her conduct might cause death, stabbed Regina Kapere twice on the back with a knife causing her death. More
The 50 year old accused was initial arraigned for causing the death of her 36 year old mentally ill and HIV positive daughter in contravention of s 47(1) of the Criminal Law (Codification and Reform) Act, [Cap 9:23]. However the matter proceeded on the basis of a Statement of Agreed Facts on a charge of culpable homicide as defined in s 49 of the Criminal Law (Codification and Reform) Act, [Cap 9:23] for which the accused was duly convicted. More
They were each sentenced to a fine of $2 000 000.00 or in default of payment 2 months imprisonment and the one hundred rands were forfeited to the State.
The penalty section requires that before making a forfeiture order the magistrate must make an enquiry into the existence or otherwise of special circumstances. If special circumstances are found then the trial magistrate may not order forfeiture. For instance if the money belongs to an innocent third party such foreign currency may not be forfeited. In this case the trial magistrate ordered forfeiture without first canvassing the existence or otherwise of... More
Anyway Pondo and Keith Matenena were charged with the offence of murdering 73 year old Langton Mandibvira. We discharged Keith Matenena the second accused at the close of the state case and gave reasons for our decision. The trial continued in respect of the 1st accused. This judgment therefore relates to the first accused, Anyway Pondo (hereinafter the accused). More
The accused and the deceased were husband and wife. They lived in Norton. The marriage had subsisted for 22 years at the time of the deceased’s demise. A marital dispute ensued with the accused alleging infidelity on the part of the deceased. As per cultural practice the deceased invited her uncle to mediate. An attempt to mediate seemed to yield some short lived reconciliation of about a day or two ending with the death of the deceased. On the 13th of July 2020 the uncle bade farewell. He was joined by the accused who wanted to proceed to Harare. They... More
The test to be applied where the defence of provocation is raised to a charge of murder is this - Did the accused actually lose his self-control, and not necessarily his capacity to intend to kill? The second part of the test is for the court to ask itself whether, in the circumstances before it an ordinary man would have lost his self-control and acted as the accused did. Domestic violence is now supurating sore, a cancer on the fabric of our society and moral wellbeing. Both sexes have proved capable of taking away the life of a spouse or... More
: As will be seen below, the applicants were arrested at different times. They equally appeared for remand procedures in the Magistrates court separately. They however face the same charges. I heard their applications for bail separately and dismissed them. I gave my reasons ex tempore. On 8 January 2024, their counsel Mr Kavhumbura requested through the registrar of this court that I avail my full written reasons for those decisions in order for him to properly advise his clients. More
The accused was on 9 October 2021 charged with and convicted of unlawfully possession of two plastic satchets of dagga which weighed a combined 95 grammes. It was alleged that on 8 October 2021, at a home in Nharira, Norton, the accused was arrested while in unlawful possession of the two satchets of dagga. More
Initially the accused was charged for contravening section47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] which relates to murder. The accused was jointly charged with 7 other accused persons. However the 7 other accused persons pleaded not guilty to the charge after which the State withdrew charges against them after plea hence all the 7 accused persons were found not guilty and acquitted. More
