The accused in this matter is a 69-year old man. He was convicted, following his plea of guilty to seven counts of theft i.e. contravening section 113 (1) of the Criminal Law (Codification and Reform) act, [Chapter 9:23]. In a spate of relatively petty thefts during the period stretching from January to April 2022, the accused stole various items (mainly empty drums and portable water tanks) from residential and commercial premises in and around the city of Masvingo. When his pilfering spree screeched to an abrupt end following his arrest, his rather interesting haul consisted of the following: nine empty... More
The accused was arrested and charged together with three accomplices on a charge of murder in contravention of s47 (1) of the Criminal Law Codification and Reform Act. Two of the accused persons were granted bail and they have since absconded.
The trial commenced with two accused persons after a separation of trials. In the course of the trial one of the accused persons, Paul Mungwena died at Chinhoyi Prison. Thus at the end of it all one accused person remains before the court. More
This appeal against both conviction and sentence was not opposed by the State. Our finding is that the conviction must be upheld. The concession by the State was not properly made. The sentence is excessive in the circumstances and the appeal partially succeeds. The appellant was convicted after trial on a charge of theft of trust property as defined in s113 (2) (d) of the Criminal Law (Codification and Reform Act) [Chapter 9:23]. A sentence of 60 months imprisonment with 12 months conditionally suspended for 5 years and a further 42 months suspended on condition of restitution was imposed. Six... More
The Chief Magistrate requested that the record of proceedings in the matter of State v Brian Katiyo CRB B 978/15 be placed before a judge of this court with the following comments:
“Reference is made to the above matter." More
The accused person was arraigned on a charge of rape. He was
subsequently convicted of indecent assault. The record of proceedings was submitted to the
High Court for review in terms of s 57 (1) of the Magistrates Court Act [Chapter 7:10]. More
This homicide was a result of the accused and other villagers’ belief in extra judicial punishment or retribution on the victim whom they suspected of wrongdoing. The four accused appeared before us on a charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23] (The Code). They are accused of having lynched the deceased to death on 11 April 2020 at Nechiva Village, of Chief Seke. The prosecutor alleges that they unlawfully and with intent to kill, or realizing that there was a real risk or possibility that their conduct may cause... More
All the ingredients of marital infidelity, sheer brutality, extreme provocation and youthful naivety are present in this matter. This matter went through all the motions of a criminal trial up to its logical conclusion. The State seemed unprepared to accept the accused’s limited plea to a lesser charge. More
This review judgment deals with the issue of whether under s 70 (1) (a) of the Criminal Law (Codification and Reform) Act [Cap 9:23], a male young person can be competently convicted of engaging in extra-marital sexual intercourse with a female young person.
The facts in the present case were that in April 2009 the 15 year old CF who was in Form 3 fell in love with a 14 year old form 1 girl at a secondary school where they were both attending. They first had consensual sexual intercourse in July 2009 and thereafter continued to do so on... More
The five accused persons appeared before us facing a charge of murder in contravention of s47 of the Criminal Law Codification and Reform Act (Chapter 9:23). When the trial commenced the 3rd accused absconded and the trial proceeded against the 1st ,2nd,4th and 5th accused persons after a separation of trials. The state alleged that in the early hours of the 16th of December 2019 and at Plot 27 Temperly Farm, Murereka, Chinhoyi the accused persons acting in common purpose shot Reginaty Kagondo in the course of a robbery intending to kill her or realising that there was a real... More
The accused is facing charge of murder as defined in s 47(1)(b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The allegations are that he assaulted Clint Maziofa and caused his death on 25 August 2017 at Chitambo Garage in Chinhoyi. The accused pleaded not guilty. More
Both the then 32 year old accused and the 73 years old now deceased who are son and father respectively were residents of Mhazo Village, Chief Mazungunye, Bikita. The accused was the eldest surviving child of the now deceased who then had only three surviving children.
Apparently there was a simmering dispute in the family which borders on traditional beliefs and superstition.
The dispute was centred on the allegation that the now deceased had misused some beasts belonging to the accused’s late grandmother. As a result some misfortunes had befallen the family. After consulting some traditional healers it was said... More
The issue which arises in this matter is a novel one. This matter was referred to this court by the learned Provincial Magistrate for Masvingo under cover of a minute dated 20th July 2014. The said minute summarised the history of the matter and explained why the matter was being referred for review. In essence the learned Provincial Magistrate wanted to be advised whether this matter is a partly heard matter. Two of the Magistrates which had dealt with it had arrived at different conclusions. Further, the learned Provincial Magistrate inquired whether a fellow Magistrate could competently go against the... More
The accused was convicted in the Magistrates Court of the offence of concealing the birth of a child in contravention of s 106(1) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23] (The Criminal Code). The charge that was preferred against the accused reads as follows:-
“In that on the 12th of August, 2019 and at Ziware Village, Chief Charumbira, Celia Tichagwa buried or disposed the body of a child with the intention of concealing the fact of the birth.” More
On 5 November 2010 the accused was driving a Toyota Hiace mini bus commonly referred to as a Combi along the Harare – Bulawayo Road towards Bulawayo. Such vehicles are notoriously used as public service motor vehicle for hire or reward. More
Before the commencement of this trial the accused raised all manner of issues which ultimately delayed the start of this trial. A brief discussion of those issues raised by the accused is necessary in order to appreciate why the accused ultimately opted to conduct his defence in person without either counsel of choice or pro deo counsel. More
