What does it mean to say that for purposes of determining intention, a person’s motive is immaterial to criminal liability unless the CODE expressly states otherwise? In my view, this means that where the person whose conduct is in issue intended or meant to engage in the action or produce the result which he did, then it those circumstances, the person may properly be held to have intended to commit the crime, and the actual reasons why the person engaged in such conduct are irrelevant to the element of the crime that requires proof of actual intention. More
The accused person faces a charge of murder it being alleged that on the 12th day of February 2017, he assaulted Julius Ndlovu with an axe resulting in his death.
The accused person pleaded not guilty to the charge. He pleads self defence. The following were admitted into the court record as exhibits and they were all duly marked
1) the state summary
2) the defence outline
3) the accused’s confirmed warned and cautioned statement
4) the post mortem report. It gives the cause of death as brain damage, skull fracture, chop
wound.
5) and the axe that has allegedly... More
The accused who was arraigned for murder as defined in section 47 (1) of the Criminal Law (Codification and Reform Act) [Chapter 9:23] was subsequently convicted on his own plea of guilty of culpable homicide as defined in section 49 of the same Criminal Law Code [Chapter 9:23]. This was after both counsel agreed that culpable homicide was the appropriate charge. More
The accused is facing two counts of murder as defined in s 47 (1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Criminal Law Code). It is not in dispute that on 13 October 2020 at No. 10, Village 43 Hoyuyu, Mutoko he caused the death of Lizzie Madende by striking her with an axe once on the head just above the left ear and once on the forehead thereby causing injuries from which Lizzie Madende died on the spot. It is also not in dispute that on the same date, time and place, the accused struck... More
The accused was convicted following his plea of guilty to a charge of escaping from lawful custody in contravention of section 185 (1) (b) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23] (‘the criminal code’). The uncontested facts are that the accused, who was a serving prisoner at the Buffalo Range prison and correctional facility in Chiredzi, was assigned, under guard to collect some firewood in a nearby bushy area. That was on the 25th of February 2022. He then surreptitiously sneaked away unnoticed and made good his escape. His unearned liberty was however short-lived as he was... More
To those that are religious this case may be yet another confirmation of the Biblical admonishment that the wages of sin is death. If hell indeed exists like many Christians believe, the deceased person may well walk straight through its gates unless he made peace with his God immediately before he died. He was caught in flagranto delicto having sexual intercourse in the bush with Fungai Nyamurenje, a married woman. The two lovebirds’ affair would qualify as adultery in terms of both our laws and Christian values. The discovery was made around 0600 hours by Fungai’s husband. I am not... More
The accused a known psychiatric patient struck and killed her now deceased grant son on 18 December 2010. Her brother in law one ClaudiousManomano who has known the accused for more than 30 years confirmed without any contradiction that she is a known psychiatric patient. More
It is indeed a herculean task to try and factually establish the circumstances of the now deceased’s proximate cause of death. It is like looking for a needle in the proverbial haystack. More
The accused appeared before us on a charge of murder as defined in section 47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He pleaded not guilty. More
The accused person faces a charge of murder, it being alleged that on the 4th of December 2014, and at village 8H, Musadza Resettlement Scheme, the accused unlawfully caused the death of Taurai Mudzingwa by striking him with an axe on the head once. More
MAWADZE J: Both accused persons appeared before the Magistrates Court at Chivi facing 2 counts of theft as defined in s 113 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] and 9 counts of unlawful entry into premises in aggravating circumstances as defined in s 131(1) and 131(2) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The third accused person defaulted court hence a separation of trial was granted. More
Progress Mangirandi, a female adult aged 30 years (herein after referred to as “the accused”), appeared before the court charged with the crime of Murder in contravention of s 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9.23] (hereinafter referred to as “the Code”). Prosecution alleged that on 21 March 2020 at 4244 Glen Norah in Harare, she struck and kicked her husband Takawira Marumisa (hereinafter referred to as” the deceased”) with fists all over his body causing fatal injuries. More
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 2 April 2023 he unlawfully caused the death of Mthetho Khumalo referred as the deceased by striking him twice on the head with a snooker stick, intending to kill him or realizing 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 accused is charged with murder as defined in section 47 of the Criminal Law (Codification and Reform) Act, Chapter 9:23. He pleaded not guilty to the charge but tendered a limited plea of guilty to the lesser charge of culpable homicide. The state accepted the limited plea. The agreed facts are that the accused and the deceased were cousins. On 25 December 2021 the deceased was caught having sexual intercourse with the accused’s wife and was made to pay damages when the matter was reported to the village head. More
The decision on the above application has delayed because despite the application having been filed on 24 August, 2018, the record attached to it was in shambles. The State responded to the application on 28 August, 2018. I am not sure as to what record State counsel used to inform his response. More
