: In this matter the Attorney-General has, in terms of s 35 of the High Court Act, [Cap 7:06], filed a notice conceding that the conviction of the appellant cannot be supported. More
This matter was placed before me as a review in terms of s 57 (1), as read with s 57 (4) of the Magistrates Court Act [Chapter 7: 10], as read with s 29 (1), and s 29 (5) of the High Court Act [Chapter 7: 06]. The accused was convicted 6 counts of fraud as defined in s 136 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] and another count of theft of trust property More
The accused in this case was arraigned before a magistrate sitting at Chitungwiza facing a charge of contravening s 131 of the Criminal Law (Codification and Reform) Act, [Cap 9:23]. The section criminalises unlawful entry into premises. More
The accused faced a charge of murder as defined in s 47 (6) (a) or (b) of the Criminal Law (Codification & Reform) Act [Chapter 9:23] (“the Criminal Law Code”). It is alleged that on 24 June 2016 at Sanyabako Village, Chief Saunyama, Nyanga, the accused unlawfully and with actual intent, or realizing that real risk or possibility of death occurring struck WilbertMautsa with a knife and an axe all over the body thereby inflicting injuries from which the said Wilbert Mautsa died. More
The two accused persons were convicted following their pleasof guilty to two counts of theft contravening (section 113 (1) (a) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]) (the “Criminal code”) More
The appellant was charged firstly with contravening s 45(1) (a) as read with s 128(a) of the Parks and Wildlife act [Cap 20:14] and secondly contravening s 28(1) (a) of the Criminal law (Codification and Reform) Act [Cap 9:23]. He pleaded not guilty to both counts but was convicted of both after a trial. He was sentenced on the first count to US$2000 or 8 months imprisonment with labour. On the second count he was sentenced to US$40 or 6 days imprisonment. In addition he was sentenced to 2 years imprisonment which was wholly suspended for 5 years on condition... More
The accused is being charged with the offence of murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The allegations against him are that on 27 February 2008 at about 2100 hours at Rimuka Westview Road, Kadoma, the accused person together with one Stanford Manomano who is at large unlawfully and with intent to kill or realizing that there was a real risk or possibility that their conduct might cause death, murdered the now deceased Notice Chidangwaira by assaulting him on the head using unknown objects thereby inflicting injuries from which he died.... More
Wellington Gwashure (the accused) is alleged to have murdered the deceased who was his wife on 3 October 2022. Prosecution alleges that on that date and in contravention of section 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] he unlawfully and with intent to kill or realizing that there was a real risk or possibility that his conduct may cause death but continuing to engage in that conduct despite the risk or possibility, assaulted the deceased several times all over the body with wooden sticks, booted feet and clenched fists. The deceased sustained injuries from which she... More
The challenge in this matter is how to rectify the incompetent sentence imposed by the learned Provincial Magistrate following the wrong procedure adopted in respect of count 2. One would have thought that the experienced learned Provincial Magistrate would not make such elementary mistakes. More
This is a rather unusual case in which both accused persons are facing two counts of murder as defined s 47(1) of the Criminal Law (Codification and Reform) Act [Cap 9:23] committed on the same day and at the same place. More
Both applicants are being charged with two counts of robbery committed in aggravating circumstances as defined in s 126 of the Criminal Law (Codification and Reform Act) [Cap 9:23]. More
The applicant, a fifty-five year old medical doctor seeks to be admitted to bail following his arrest and subsequent detention on charges of murder and attempted murder (i.e. contravening section 47 of the Criminal law (codification and Reform) Act [Chapter 9:23] and contravening section 47 as read with section 189 of the same Act.) More
The accused is facing a charge of murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23], it being alleged, that on 8 October 2014, at Charu homestead, he unlawfully and with intent to kill, or realising that there was a real risk or possibility that his conduct might cause death struck Chiki Charu on the back of the head with an axe thereby causing him injuries from which he died. More
The accused was arraigned for murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act [Cap 9:23].
At the commencement of the trial counsel found each other and agreed that the proper charge was culpable homicide as defined in s 49 of the Criminal Law (Codification and Reform) Act, Chapter 9:23]. The matter therefore proceeded on the basis of a statement of agreed facts. More
The two accused persons were convicted of the offence of “unlawful entry into premises in aggravating circumstances as defined in s 131 (2) (a) (b) of the Criminal Law (Codification & Reform) Act, [Chapter 9:23]” by the senior magistrate at Harare on 6 April, 2018. They were each sentenced as follows
“49 months imprisonment of which 24 months is suspended for 3 years on condition accused does not within that period commit any offence involving unlawful entry and dishonesty for which he is sentenced to imprisonment without the option of a fine. Of the remaining 24 months imprisonment 1 month... More
