On 2 July 2021 at around 1900 hours at Power Sales Pavement, Herbert Chitepo Street, Mutare, accused, aged 21 years, assaulted GODFREY MUTAMBANESHIRI, a mentally challenged patient, using concrete stones on the ribs and head. He died at Victoria Chitepo Hospital on the same day. Accused is now being charged of Murder as defined in s 47(1)(a) or (b) of the Criminal Law Code. Accused denies the charge of Murder but admits to a lower charge of Culpable Homicide. More
The appellant appeared before the defined court at Kadoma charged with the crime of Rape as defined in s 65 (1) 9 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] in that on the 31st December 2016, at Collingdale Village Kadoma he had unlawful sexual intercourse with a named adult woman without her consent. The complainant was the appellant’s wife’s young sister and she was visitor at appellant’s homestead when the incident took place. The appellant pleaded not guilty and the matter proceeded to trial. His defence was that the sexual intercourse was consensual. He said the he... More
The present review judgment deals with the issue of whether s114 (2)(a) of the Criminal Law (Codification and Reform) Act [Cap 9:23] has retrospective effect. The section first appeared in the present format as s 12A of the Stock Theft Act [Cap 9:18] before the Stock Act was repealed by the Criminal Law (Codification and Reform) Act, supra, on 23 June 2006. The repealed statute reintroduced the mandatory minimum penalty of not less than 9 years but not more than 25 years imprisonment for the theft of bovine or equine animals. More
The accused was charged with
1. Murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]
2. Defeating or obstructing the course of justice as defined in s 184 (1) (a) of the Criminal (Codification and Reform) Act [Chapter 9:23]
OR
Alternatively
3. ARSON More
The two accused persons are facing a charge of murder in terms of section 47 (1) of the Criminal Code. It was alleged that on 31 December 2017 at Chikato Business Centre in Shurugwi, the two accused persons together with others who are still at large, caused the death of Amos Washington Mawere by striking him with an iron bar, stones and machete on the head and right eye intending to kill him or realizing the real risk or possibility that their conduct may cause death but nonetheless continued to engage in that conduct despite the risk or possibility. More
This is a case in which the accused was facing a charge of murder as defined in terms of s 47 of the Criminal Law (Codification and Reform Act [Chapter 9:23]. More
This is a murder case involving two vulnerable persons. The deceased a mere eleven months old infant was struck to death by the accused a well-known young female mental patient. Resultantly accused has been charged with murder under s47
(1) of the Criminal Law Codification and Reform Act [Chapter 9:23]. More
The accused was convicted, on her own plea of guilty, of contravening s 3 (1)(a) as read with s 4(1) of the Domestic Violence Act [Cap 5:16]. She was sentenced to 20 months imprisonment of which 6 months imprisonment were suspended on the usual conditions of good behaviour. The remainder were suspended on condition the accused performs community service. More
Accused was charged with 4 counts under the Medicines and Allied Substances Control Act [Chapter 15:03] as follows:
Count One
Contravening s 55(3)(a) and (b) of the Medicines and Allied Substances Control Act [Chapter 15:03]. Dispense medicine without a licence, on an unlicenced premise in that on the 27th day of August 2020 and at Zvevatsunga Spar Juru, Michael Changunda unlawfully dispensed (sic) by selling various medicines listed on Annexure A on an unlicenced premise whilst he is not a holder of licence in terms of this Act.
Count Two
In that on the 27 day of August 2020 and... More
The appellant was arraigned before the magistrate on a charge of theft of trust property as defined in section 113(2) of the Criminal Law (Codification and Reform) Act. He pleaded not guilty but was convicted after a trial and sentenced to 6 months imprisonment of which 3 months imprisonment was suspended on condition of future good conduct. The remaining 3 months imprisonment was suspended on condition of restitution. More
The two accused persons were indicted on a charge of murder as defined in s 47 of the Criminal Law Codification & Reform Act [Chapter 9:23]. It was alleged against them that on 29 September 2013 both accused or one of them unlawfully caused the death of Timothy Mbova by strangling him, thereby inflicting upon him certain injuries from which he died. Both accused pleaded not guilty to the charge. More
The remains of a four-year-old young girl were found lying in a pool of blood, her head crushed and her brains scattered on the floor of the wooden cabin they called their home in the early hours of the 18th of February 2023. The accused person, Micheal Milfort, the step father, was the last person to be seen with the deceased alive late in the night of the previous day. He was arrested in connection with the heinous killing and charged with murder as defined in s47 (1) of the Criminal Law Codification and reform Act [Chapter 9:23]. More
On the 25th of December 2021 the accused, his wife, their two month old son and accused’s mother proceeded to Ngoni Township for entertainment watching Nyau dancers. Around 2100 hours it was time to return home, the accused would have none of that. His wife demanded they must return but the accused who was now drinking beer became aggressive. He struck his wife who had the deceased strapped on her back with a clenched fist. Not to be outsmarted the wife retaliated and a fist fight broke out. All this took place in the presence of the accused’s mother. Amidst... More
The proceedings in the above matter were placed before me on review together with an explanatory letter by the Trial Magistrate. In it he requests for a quashing of the proceedings and a trial de novo. I quote the learned magistrate’s letter which sets out the reasons for this request verbatim More
On the 6th of October, 2023 at Angwa Unit 6, Mombeshora Village, Makonde, the deceased, James Mudyarima, died of several head injuries inclusive of multiple skull fractures, as revealed by the autopsy report filed of record by consent. Accused one and two are blood brothers and next-door neighbours to the deceased, were arrested in connection with the killing. They were charged with murder in terms of section 47(1) of the Criminal Law Codification and Reform Act, [Chapter 9:23]. More
