The seven accused persons have been arraigned on a charge of murder in terms of s 47(1) of the Criminal Law Codification and Reform Act [Chapter 9:23]. They have all denied the charge by pleading not guilty. It is accused 2, 3, 4, 5 and 6’s defence that they were neither present nor participated in the commission of the offence. Accused 1 admits being part of the group which accosted and assaulted the deceased rival gang but denies being present at the time the deceased was being assaulted to death. Accused 7 does not deny his presence or his participation... More
The trial court has conceded that it misdirected itself in the manner it handled the charge that was preferred against the accused person in count one, and the manner it approached sentencing in both counts one and two. This case is almost on all fours with S v Chitepo HMA 3-17 in which some guidelines in matters involving driving offences were proffered. More
The two accused persons in this case were found guilty on their pleas of guilty to a charge of contravening section 94 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The facts giving rise to the charge were that the accused persons pledged the complainant, their female relative, to the family of one Fredy Neruwana who was killed by Nerimonos Maguya in 1980. The complainant was pledged some time in 2005, when she was a minor, as compensation for the death of Fredy Neruwana. Paragraph 6 of the State Outline suggests that she was pledged in marriage to... More
This is an appeal against sentence imposed on the appellant following his conviction on one count of rape as defined in s 65 of the code and one count of robbery as defined in s 126 of the code. In respect of the rape count, the appellant was sentenced to 18 years imprisonment. He was sentenced to 6 years imprisonment on the robbery charge.
From the total of 24 years imprisonment the court a quo suspended 5 years leaving an effective 19 years imprisonment. The suspension was on the condition that the appellant does not commit an offence of a... More
The accused appeared before the Provincial Magistrate, Mbare Magistrate Court on 24 November, 2016. He was charged with the offence of culpable homicide as defined in s 49 (a) (1) of the Criminal Law (Codification & Reform Act), [Chapter 9.23]. More
The accused pleaded not guilty to a charge of murder as defined in s 47 (1) (a) or (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It is alleged that on 1 February 2018 and at Plot number 63, Nafaton Farm, Chipinge, the accused unlawfully caused the death of Nyashadzashe Maphosa by using unknown means and disposed the body which was later eaten by dogs intending to kill her 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... More
The accused was convicted by the magistrate sitting at Kadoma for contravening s 70 (1) (a) of the Criminal Law Codification and Reform Act, [Chapter 9:23]. Section 70 (1) (a) aforesaid creates the offence of having sexual intercourse with a young person. More
: This matter is an automatic review. The record was accompanied by a letter from the presiding magistrate who convicted the accused of contravening section 49 (a) of the Criminal Law (Codification and Reform) Act[Chapter 9:23] Culpable Homicide and contravening s 6(1)(a) of the Road Traffic Act [Chapter 13:11]. The learned magistrate in regard to the Culpable Homicide count indicates that he realized that he had made a mistake in that he had misinterpreted the sketch plan which placed the point of impact in accused’s lane as opposed to his finding that the point of impact was in the complainant’s... More
Criminality, particularly of the violent type, is often associated with daftness. That perception is however slowly proving less and less accurate. The sophistication with which some crimes are being committed in recent times smacks of the advent of an avant-garde criminal world. Investigators and prosecutors must keep abreast with such developments lest they are left struggling to link criminals to the crimes. In this case, a man doing everything to fend for his family was murdered in cold blood yet there was no one with a clue as to who had killed him. The suspects were remotely connected to the... More
It is now trite that a trial within a trial is a condition precedent to the production of an unconfirmed statement in criminal proceedings. Where the only evidence before a court is the statement made by the accused and the statement is objectionable, then the court has no option but to acquit the accused. In this case, despite the appellant’s defence outline wherein the appellants alleged that they were assaulted and forced to make indications. Despite that, the Court a quo accepted the statements and convicted the appellants based on the indications. This was a misdirection that vitiates the proceedings.... More
The accused person stood trial before this court on a charge of murder, as defined in Section 47(1) of the Criminal Law Codification and Reform Act [Chapter 09:23] (the Criminal Law Code). The charge stemmed from the death of Hillary Bhenge, which occurred on the 20th of November 2022 at Mashona Queen 2, Mukaradzi, Mt Darwin. The accused entered a plea of not guilty to the charge and also tendered a limited plea of culpable homicide, as defined in section 49 of the Criminal Law Code. During the proceedings, the parties engaged in further deliberations and reached an agreement on... More
The accused (30) faces a charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Criminal Law Code). The allegations are that on 3 October 2021 and at the Council market in Unit J Seke, Chitungwiza, the accused unlawfully and with intent to kill, stabbed Ernest Makwembere ( (21) with a broken piece of glass on the neck thereby causing injuries from which the said Ernest Makwembere (the deceased ) died. More
The 5 accused appeared before us on a charge of murder as defined in section 47(1) of the Criminal Law (Codification and Reform) Act, Chapter 9:23. They pleaded not guilty. The state’s case is that on 30 March 2021 the 5 were part of a seven member team of police officers tasked with tracking down and arresting the now deceased who was a suspect in a spate of robberies around Bulawayo and Esigodini area. Armed with AK 47 rifles they went to the now deceased’s home where they barged into his bedroom, apprehended him and proceed to assault him indiscriminately.... More
The four accused persons are facing one count of unlawful entry in aggravating circumstances as defined in s 131 (2) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] and one count of murder as defined in s 47 of the same Act. More
