This case epitomises the unpredictable nature of youth. The accused is charged with contravening s 47 of the Criminal Law (Codification and Reform) Act [Cap 9:23]. The charge reads as follows: More
The accused was convicted in the Magistrates’ court for exposing an infant in contravention of s 108 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (The Criminal Code). A sentence of 6 months imprisonment which was wholly suspended on the usual conditions of good behavior was imposed. More
The accused is facing a charge of murder as defined in s 47 (1) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. The allegations against her are that on 4 April 2013 and at House Number 2369 New Stands, Mutoko Hospital, Mutoko, the accused, with intent to kill or realising that there was a real risk or possibility that her conduct might cause death, persisted in her conduct which caused the death of the now deceased Taurayi Zekiya Mukarakate by stabbing him once on the left side of his chest with a knife. More
Sentencing in any criminal matter, entails a delicate balancing act between mitigatory and aggravating factors in each case. It is a matter of discretion which can never be as precise as any mathematical calculation. It should however not be capriciously done but should generally capture the set legal guidelines. Above all punishment should be less retributive and more rehabilitative. More
The accused is charged with the crime of murder as defined in Section 47(1)(a) of the Criminal Law (Codification and Reform) Act, (Chapter 9:23). The allegations against him are that he, on 26 December 2020 and at David Nleya’s Homestead, Nsubula Village, Madlambuzi, Plumtree, did assault one Nkululeko Makaba all over the latter’s person with an unknown object and on his head with a plank and, in the process, he killed or caused the death of, Nkululeko Makaba (“the deceased”). The State alleges further that, when the accused assaulted the deceased in the above-described manner, he intended to kill, or... More
That on the 11th of April 2022, at around 10.00 a.m. and at Plot 20, Wildbeast farm in Featherstone, the accused struck David Dube (the deceased) with a stone on the head thereby causing injuries from which the deceased died on the 20th of April 2022, is common cause. The post mortem that was produced by the State with the consent of the defence states that the cause of death was brain damage, severe head trauma and intra parenchymal hemorrhage. The accused, who is facing a charge of murder as defined in section 47(1) of the Criminal Law Codification and... More
Initially the accused, Faithfully Khumalo had been jointly charged with her husband Fredrick Mucharaga, on the charge of murdering her eleven-year- old son, Anele Khumalo. The husband is reportedly critically ill and bedridden. He therefore, was not able to stand trial. An application in terms of s190 of the Criminal Procedure Evidence and Reform Act Chapter 9:07, to amend pleadings and file those reflecting only the accused was made and granted. She was charged with murder as defined in s47 (1) of the Criminal Law Codification and Reform Act Chapter 9:23. She pleaded not guilty to the charge. More
The record of uncompleted criminal proceedings in State v Fannuel Mpofu CRB 19/07 was placed before me with the following comments from the presiding trial magistrate:-
“ THE STATE v FANNUEL MPOFU: ATTEMPTED MURDER: GOKWE REGIONAL CRB 19/2007 More
The accused appeared before us charged with murder as defined in section 47(1) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. He pleaded not guilty to the charge. The state’s case is that on 28 March 2020 at around 1800 hours the now deceased was at a party at Mayele Mbedzi Store Maware Beitbridge. He was in the company of his young brother Tamson Gumbo. The accused was also at that party. At around 0030 hours the accused accosted Tamson threatening to assault him because he considered him as a person who is from a village of arrogant... More
The 37-year-old accused of Mateko village, Chief Ndanga, Zaka in Masvingo was arraigned before the Senior Regional Magistrate at Chiredzi for raping his 13-year-old daughter in grade 7 on six different occasions in 2018. More
: On 9 December 2010 the deceased who was aged 53 years was unwell and in bed. She was accused of practising witchcraft and severely assaulted leading to her death about two or three hours after the fatal assault. The severity of the assault is well spelt out in the post mortem report tendered in these proceedings as exh 4. The doctor who carried out that examination noted that the deceased had a deep cut on the head (temporal ocipita) more to the right side of the back of the head. He also noted some bleeding from the deceased and... More
The two accused in this case Farai Katsande and Owen Katsande are brothers. They lost some property at their residence and allegedly went on a rampage assaulting people they suspected of having stolen it. When they thought they were sure it was their nephew Robert Nyatsine (the deceased) who had deprived them of their valuables, they cornered him, severely assaulted him and inflicted mortal injuries which took his life. Formally the charge against them was that in contravention of s 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Code), the accused persons each or both of... More
The accused was charged with the crime of contravening s 47(1)(B) of the Criminal Law (Codification and Reform) Act [Cap 9:23] in that on 25 April 2007 at 19h00 she unlawfully picked up a knife and stabbed Stewart Pilate Mhlanga twice with the knife once on the left side of the chest and once on the neck resulting in the death of the deceased. She pleaded not guilty. The summary of the State’s case indicated that the State would rely on evidence of at least ten witnesses. However at the commencement of proceedings counsel of the State the defence agreed... More
Determining an appropriate sentence generally is not a easy task for any judicial officer. It entails making a delicate balance between competing interests. It is much easier where the statute prescribes a minimum mandatory sentence in which case the discretion of the court is ousted. More
The four accused persons face a charge of murder, it being alleged that on the 5th day of February 2004, they assaulted deceased Kwamba Vurungi resulting in his death from the injuries sustained from that assault. More
