The accused is appearing before this court charged with the crime of murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It being alleged that on 9 August 2023 he unlawfully caused the death of Cabangani Tshuma referred to as the deceased by striking him with a wooden log once on the head intending to kill him 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 two accused persons were charged with murder as defined in s 47[1] of the Criminal Law [Codification and Reform] Act, [Cap 9: 23]. The allegations against them were that, whilst at a certain beer drink, they struck the deceased with clenched fists and a stone, intending to kill him, or, despite realising the real risk or possibility that their conduct might cause death, continued with it. The deceased later died on the way to clinic. More
On 12 October 2016, in HMA 04-16, we delivered judgment in Accused 2’s application for discharge at the close of the State’s case. We dismissed the application. The trial then proceeded for both accused persons to give evidence. This now is the final judgment. It is expedient to reproduce the material parts of the judgment aforesaid and take the matter up from there. More
The accused pleaded guilty to receiving stolen stock as defined in s 114 (2) (d) of the Criminal Law (Codification and Reform) Act, [Cap 9:23]. He was sentenced on 15 February 2012 as follows; More
The accused, a 45 year old woman pleaded not guilty to a charge of murder as defined in s 47 (1) (a) or (b) of the Criminal Law (Codification and Reform) Act, More
It entails achieving a delicate balance between competing factors. These are aggravating and mitigating factors. It is a function of judicial discretion which is exercised judiciously and not capriciously.
Both accused were jointly charged with the then accused 3 Linear Vushe aged 21 years of Plot 9, ‘A’ Farm, Zvamahande in Mashava. A separation of trial was granted and charges against Linear Vushe were withdrawn before plea. More
According to the pre-sentencing community service suitability assessment report filed of record, the accused and complainant were husband and wife. Their marriage ended on 23 October 2023 after but a month. It ended as a result of the act of domestic violence forming subject of these proceedings. It ended with the accused headed to prison, and complainant with a disfigured ear. The accused was arraigned at Marondera facing a charge of “physical abuse”. This being a contravention of section 4(1) as read with section 3 (1) of the Domestic Violence Act [ Chapter 5:16]. He was convicted on a plea... More
The main issue to be determined in this matter is how the now deceased sustained the fatal head injury on 2 August 2021.
The first point of call is a factual rather than a legal one. It entails simply a proper juxtaposition of the version by the state on one hand and that by the defence on the other.
The accused is facing a charge of murder as defined in section 47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].
The charge is that on 2 August 2021 and inside Muchacha bottle store and shop at Chiredzana... More
Tendai Tavarwisa (the accused)’s marriage to Killian Dheka (the deceased) was not rosy for many years if it ever was. At some stage in his life, the deceased became dependent on alcohol. He lost his job and consequently his status as a breadwinner for the family, a position that many Zimbabwean men find quite fulfilling and prestigious. Once knocked from that perch, the effects can be disastrous for some men and make them spineless More
The background to this case is that the accused appeared before the court a quo on a default enquiry which was centered on the accused’s default in performing community service as had been ordered by the court. More
The accused is facing a charge of murder as defined in s 47(1) of the Criminal Law Code. The allegations are that on the 4th of June 2022, at around 1900 hours the accused person and his accomplice Farai Chikukutu waylaid the deceased Courage Muzarawetu at Seke Flyover along Seke Road, Harare and hit him on the head with a half brick and he fell down and died. The accused person and his accomplice then took the deceased’s Huawei Honor 7 cellphone, an Econet line 0774 357 074 and a pair of shoes. The two then left the deceased lying... More
The accused persons and one Ngonidzashe Mutsvene were charged with fraud as defined in s 136(b) of the Criminal Law ( Codification and Reform) Act [Chapter 9:23] More
