The accused, who was the deceased’s husband faced a charge of her murder. The accused’s wife went to fetch water from the well and never returned. She had instead been found strangled to death a few hours later that day. She was a mother of two at the time to a one year old and a six week old baby. The case against him was based wholly on the tally of cumulative circumstantial evidence. More
This is a criminal appeal wherein the accused person was charged and convicted of contravening s185 (1) (b) of the Criminal Law (Codification and Reform Act [Chapter 9:23]. It is alleged that on the 20th of August 2022 whilst under prison officials’ custody, fetching firewood the accused unlawfully escaped from lawful custody. He disappeared into the nearby bush whilst in the company of his inmates and escaped. He was arrested on the same day at the nearby Shopping Centre. He was sentenced to 46 months, with 12 months wholly suspended for 5 years on condition of good behavior. He is... More
This review was placed before me in terms of section 58(3) (b) of the Magistrates Court Act. The charge was phrased as follows: “PHYSICAL ABUSE” AS DEFINED IN SECTION 4 ARW SECTION 3(1)(A) OF THE DOMESTIC VIOLENCE ACT CHAPTER 5:16”. The circumstances were:
“In that on the 22nd day of November 2020 and at Chadley farm, Marondera, Nhamo Chakara unlawfully committed an act of physical abuse upon Jesman Mabhaure his former wife by stabbing her once on the back with a knife intending to cause Jesman Mabhaure bodily harm or realizing that there was a real risk or possibility that... More
The accused faces a murder charge under section 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Criminal Law Code). It is alleged that on 27 January 2025, at Cottco Panning Site in Bindura, he fatally stabbed Panashe Chidodo once in the chest and once in the thigh resulting in his death More
The accused faced a charge of murder arising from the death of a policeman he was said to have run over at a police stop with his commuter omnibus registration ABZ 2324 on the 2nd of October 2016. More
This is an application for a discharge in terms of s 198 (3) of the Criminal Procedure and Evidence Act [Chapter 9:07] (“CP & E Act”). The accused are charged with the crime of murder as defined in section 47 (1) of the Criminal Law [Codification and Reform] Act [Chapter 9:23] (“Criminal Law Code”). It being alleged that on 5 June 2017 the accused persons wrongfully, unlawfully and intentionally killed and murdered Thengile Nyathi (“deceased”) by assaulting him with open hands and kicking him all over the body intending to kill him or realising that there is a real risk... More
The accused is charged with the crime of Murder as defined in s 47 (1) (a) or (b) of the Criminal Law (Codification and Reform Act [Chapter 9:23]. It is alleged that on 7 May 2019 and at Musanga Village, Chief Saunyama, Nyanga, the accused unlawfully caused the death of Emmanuel Nyasha Masambu by hitting him several times on the legs and head with a wooden pick-handle, intending to kill him or realising that there was a real risk or possibility that his conduct might cause death and continued to engage in that conduct despite the risk or possibility resulting... More
The proceedings in this matter were placed before me on automatic review in term of s 57 (1) (a) of the Magistrates Court Act, [Chapter 7:10]. On reading through the record of proceedings I reached the conclusion that the sentence imposed by the court a quo was in all the circumstances of the case so disturbingly and shockingly excessive as not to accord with real and substantial justice and that to leave it extant would result in a miscarriage of justice. I determined that the sentence merited that the court should exercise its powers given in s 29 (2) (b)... More
The accused person was convicted on three counts of contravening s 65 of the Criminal Law (Codification and Reform) Act Cap9:23. He was sentenced to five years imprisonment of which three years were suspended on conditions of good behaviour and the remaining two years were suspended on condition he performed 840 hours of community service. The accused was 16 years old at the time he committed the offences. He was 19 at the time he was convicted and sentenced. The complaint was 12 years old at the time she was raped. More
The position that no criminal offence is committed when two children aged above 12 years of age and less than 18 years of age engage in consensual sexual intercourse is no longer part of our law. The relevant penal provision being s 70 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] has been the subject of several amendments in the past few years. Apart from the original legislative intent of protecting minor children from sexual predators who are adults, there is now an additional thrust by the legislature in protecti More
The accused personwas charged with contravening s66 of the Criminal Law Codification and Reform Act, (the Code)that is “Aggravated Indecent Assault”. More
This review matter came by way of referral from the Regional Magistrate, who after scrutinizing the proceedings of the trial court was of the view that the sentence imposed on the accused person in respect of the charge of indecent assault was too lenient considering the circumstances surrounding the commission of the offence.
The accused person was facing two charges being More
On 6 April 2008 the accused who was 17 years old and in the company of his cousin the late Trust Macharangwanda approached the deceased and accused her of practicing witchcraft and being responsible for death and illnesses in the family. The deceased who was 69 years old protested her innocence and suggested that the accusations required the presence of family elders. The result was a combined assault initiated by Trust and joined in by the accused. The two randomly assaulted the deceased using two sticks leading to the subsequent death of the deceased. More
The accused pleaded not guilty to the charge of murder as defined in s 47(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Criminal Law Code). More
The accused is a member of the neighbourhood watch committee. On 18 March 2007 he was at Gundura business centre Gokwe together with seven colleagues, investigating crime. During the course of investigations the accused and his accomplices accosted the seventeen complainants at a local shop. More
