The accused was convicted following his plea of guilty to a charge of“Rape”(contravening section 65 (1) of the Criminal Law codification and Reform) Act, [Chapter 9:23](The Criminal Code). The agreed facts are that on numerous occasions he had sexual intercourse with SamanthaMaregedze (the complainant) a female juvenile aged 7 years who at law is incapable of consenting to sexual intercourse.He was subsequently sentenced to 3 years imprisonment which was wholly suspended for 5 years on the usual conditions and the record of proceedings was submitted to this court for automatic review. More
The accused faces a charge of murder, in contravention of s47(1) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23] (hereinafter called “Code”), it being alleged that he caused the death of Sydney Zuruvi (hereinafter called “the deceased”), by stabbing him with a kitchen knife all over his body thereby inflicting mortal wounds. More
When I got seized with this matter for review, I conferred with my brother Judge and with his concurrence I instructed my then clerk to arrange for the immediate release of the accused. The following are the reasons which informed my decision. More
This matter came before me on automatic review on 19 December 2019 and I returned it for typing as I had difficulties reading the magistrate’s hand. On 2 October 2020 the record was returned still not typed and I requested that it be typed and so I returned it to the magistrate court. More
The accused persons were convicted of contravening s 368 (1) as read with s 368 (4) of the Mines and Minerals Act [Chapter 21:05]. They were sentenced to 18 months’ imprisonment which was wholly suspended for 3 years on condition of good behavior. More
In these 3 matters the accused persons were intercepted at roadblocks mounted by the police in Beatrice on 19 and 20 October 2012 while carrying firewood they had fetched at farms in the area. In the first case of Juliet Chikandiwa and 2 others, they had loaded 3 codes of firewood onto a Mazda T35 truck registration number AAP 6474. In the second of MuranganwaZinyana and 2 others, they had loaded 7 codes onto an unspecified 8 tonne truck registration number ABY 6641 while in the third case of BrodrickTasukwa and another, they were carrying firewood in an unspecified 2,5... More
After hearing both counsel’s addresses in mitigation and aggravation one is clearly reminded of the old adage that despite being blind justice should always be tampered with mercy. No matter the circumstances the court should not lose its conscience or moral compass. More
The deceased, Hardlife Ndlovu, died from complicated 55%, third to fourth degree burns, consistent with paraffin burns. The State has charged the accused, his girlfriend, with murder as defined in s 47[1] of the Criminal Law [Codification and Reform] Act, [Cap 9: 23]. More
This is the second judgment in the trial in which the accused, an adult female aged thirty years, was charged with the murder for her boyfriend. At the close of the Sate case, her counsel applied for discharge in terms s 198[3] of the Criminal Procedure & Evidence Act, Cap 9:07, on the basis that the evidence adduced by the State was not sufficient for a court, acting carefully, to convict and that as such, there was no reason to put her on her defence. More
This matter was placed before me on automatic review of proceedings presided over by the Senior Magistrate at Chegutu Magistrates Court on 20 April, 2017. The accused pleaded guilty before the said magistrate to a charge of assault as defined in s 89 (1) (a) of the Criminal Law (Codification & Reform) Act, [Chapter 9:23]. More
In this case a simple issue on who should keep the accused and the deceased’s sister’s medication led to a heated dispute which resulted in the death of the deceased. More
Differences between people have existed since time immemorial but it becomes worrisome when relations are thrown out of the window and those who are expected to live in neighbourliness turn to kill each other. The accused in this case was arraigned before this court on a charge of murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Code). The charge from which the allegations arose is that, on 24 October 2018 and at 19985 Stoneridge Park Waterfalls, Justice Matikinyidze (the accused) stabbed Elisha Mvurume (the deceased), who was his neighbour, with a... More
The accused is charged with the crime of murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It is alleged that on 30 August 2023 he unlawfully caused the death of his wife Spejina Kawocha by striking her twice with a log on the head intending to kill her or realising that there was a real risk or possibility that his conduct may cause the death of the deceased and continued to engage in that conduct despite the risk or possibility. More
The proceedings in this matter would not have been referred to this court for review because the sentences imposed qualified the proceedings to be scrutinized by the Regional Magistrate in terms of s 58 of the Magistrates Court, [Chapter 7:10]. In terms of the said section, in proceedings where the accused appearing before the provincial court and has been convicted and sentenced to imprisonment of between 3 and 12 months or a fine of between level 4 and 6, the record of proceedings is scrutinized by the regional magistrate. In terms of s 58 (3) (b) where the scrutinizing regional... More
The above matter was referred for review with the following comments:
“The record of proceedings was placed for review before the regional magistrate who noted that the trial magistrate had imposed two sentences which was said to be improper in the case of Chipwere HH 314-08.
The trial magistrate conceded that she had imposed two sentences.
May we be guided on the way forward?” More
