The accused in this case was facing a charge of murder in terms of s 47 of the Criminal Law (Codification and Reform) Act) [Chapter 9:23] it being alleged that on the 11th day of March, 2011 and at House number 2270 M, Magada Epworth, the accused unlawfully and with intent to kill assaulted one Shelton Tungwarara indiscriminately all over the body with an iron bar thereby causing injuries from which the said Shelton Tungwarara died. More
The facts of this case are melo-dramatic. They are as follows;
On the 16th day of May 2016 at around 0900 hours the complainant’s herdboy penned off 25 herds of cattle to a grazing area in Zhulube, Filabusi. On the 30th day of May 2016, he discovered that six of the cattle were missing namely, 2 cows, 2 male calves, a heifer and an ox. Meanwhile the two accused persons connived and stole the complainant’s heifer at Theleka grazing lands. They tied its legs, covered it with a big plastic sack before loading it in accused two’s scotch-cart. More
The accused was charged in the Magistrates’ court with two counts. The first count was contravening s 5 of the Trapping of Animals Control Act [Cap 20:21] “make use or possess class one traps” in that on 10 October 2001 and at Merrivale Ranch Mwenezi, the accused unlawfully made, used or possessed class 1 traps, that is to say he set twelve wire snares and caught two female kudus. More
On 21 March 2005, at the Parkade flea market situated at the corner of Rezende Street and Jason Moyo Avenue, Harare, the two accused persons exchanged 900 South African Rand for $2 360 000.00 Zimbabwe dollars in contravention of section 4(1)(a)(i) of the Exchange Control Regulations, SI 109/96 as read with section 5(1)(a)(ii) of the Exchange Control Act, [Chapter 22:05]. They were both arrested and arraigned before a magistrate at Harare on 23 March 2005. More
After the accused’s conviction, we adjourned the trial in order to afford the prosecutor and counsel for the accused time to prepare their submissions in aggravation and mitigation respectively. They both did. The Court is indebted to both of them for their assistance. The submissions however illustrate that there still exists a worrying lack of appreciation of the sentencing regime and the attendant sentencing principles which must inform the punishment of an accused convicted of murder. The court finds itself constrained to once again restate the elementary principles which have been emphasised in a long line of authorities in the... More
Emmanuel Chiota (the accused) was indicted before the High Court facing a charge of murder as defined in s 47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9.23]. He is alleged to have stabbed his biological mother, Nelia Chiota (the deceased) on the neck with a scissors thereby causing mortal injuries. He pleaded not guilty due to insanity.
The agreed facts are that on the 20 November 2016, the accused then a 23year old university student came home and found his 57 year old mother alone at home. He armed himself with a scissors and proceeded to... More
The latest addition to the rising statistics involved Emmanuel Machokoto, (hereinafter referred to as “the accused”), who appeared before us charged with the murder of his wife, Mercy Munosunama (“hereinafter referred to as the deceased”) in contravention of s 47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (hereinafter referred to as “the Code”). The prosecution alleged that on 7 April 2022 he fatally assaulted the deceased with a belt and fists several times and pushed her head against the wall. More
The accused was convicted of theft after a trial and was sentenced as follows:
“18 months imprisonment of which 4 months imprisonment is suspended for five years on condition the accused does not during that period commit any offence involving dishonesty for which he is sentenced to imprisonment without the option of a fine. More
The accused was employed by the complainant’s parents as a domestic worker residing at Gwari Village under chief Zimuto in Masvingo Province. He is alleged to have raped his former employer’s 11 year old daughter sometime in April 2009. The offence only came to light more than a year later in August 2010 when it was discovered that she had contracted a sexually transmitted disease. More
This is a stated case whereupon the defence and the State counsels plea bargained from murder to the competent verdict of culpable homicide. This is after the State discovered that the evidence from its two eye witnesses is contradictory, each supporting either side. The facts as summarized in the statement of agreed facts are that the accused who was then employed as an armed security guard stationed at Oliander Mine, Chakari shot and killed the deceased on point blank on the right side of the head. The deceased Prince Mutimukulu an occasional employee of the same company died instantly on... More
The accused was convicted of escaping from lawful custody as defined in s185 (1) b of the Criminal Law Codification and Reform Act [Chapter 9:23]‘the Criminal Code’. He had a previous conviction of unlawful entry into premises in contravention of s131 of the Criminal Code, for which a portion of imprisonment was suspended on condition that the accused did not commit any offence involving dishonesty during the period of suspension, When the Court convicted him of escaping from lawful custody, it brought into effect the suspended sentence. This was a misdirection. More
At the commencement of the hearing of this matter which had 8 accused persons the State withdrew charges before plea in respect of accused 3 Ratidzo Ndambakuwa, accused 7 Robert Mungareka a juvenile aged 17 years and accused 8 Garikai Mungareka also a juvenile aged 15 years who was being assisted by his mother Agnes Mungareka. These proceedings are therefore in respect of the remaining 5 accused persons 2 of which are adult women, 2 are adult men and one juvenile Tellmore Mungareka aged 17 years. More
This review judgment has been occasioned by the rather incomprehensible conduct by the learned Provincial Magistrate based at Masvingo Magistrates Court. It is difficult to understand as to why the learned Provincial Magistrate with all his experience would conduct himself as a loose cannon. The baffling thing is why he decided not to follow simple, straightforward and clear instructions outlined in the Order granted by this court. What is unfortunate is that the learned Provincial Magistrate would want to make this court part of the patently injudicious antics. More
The accused was charged with the offence of Stock Theft as defined in s 114 of the Criminal Law (Codification & Reform) Act, [Chapter 9:23]. He was convicted on his own plea of guilty by the magistrate M Mabika Esquire sitting at Chinhoyi on 24 November 2020 and sentenced to the mandatory minimum sentence of 9 years imprisonment. The charge alleged that the accused, aged 48 years, in the month of October 2020 at Highbury Farm, Chinhoyi, the accused and an accomplice intending to deprive the complainant of his cattle drove away six (6) herd of cattle belonging to the... More
