MAWADZE J: The concession by the state to a lesser charge of culpable homicide as defined in s 49 of the Criminal Law (Codification and Reform) Act [Cap 9:23] is understandable.
There was no eye witness to the tragic events leading to the now deceased’s demise. It is the accused himself who can possibly explain what exactly happened. The post mortem report is of no use as the now deceased was found in a state of advanced decomposition. The cause of death could not be ascertained. The available state witnesses cannot take the matter any further. More
The accused a 48 year old first offender and family man pleaded guilty to a charge of “unlawful possession or use of Dangerous Drugs” as defined in s 157 (1) (a) of the Criminal Law Codification & Reform Act, [Chapter 9:23]. The facts of the case were that on 2 March 2018, the accused was found in possession of 1.630 kilograms of loose dagga at Msasa Beerhall Ruwange Growth Point, Nyanga. The dagga was found in the accused’s bag following a search of the bag. More
This matter was referred for review by the scrutinizing regional magistrate who on the facts of the case was unhappy with the propriety of the conviction. More
The accused is a female adult. She was 29 at the time of the commission of the offence. She faces a charge of murder as defined in section 47 (1) of the Criminal Code, [Chapter 9:23].
The statement of agreed facts tendered into the record and marked as Exhibit 1 confirms that the accused resided in the Mitiyabo village under chief Mahlebadza in Mberengwa district. The deceased Monias Ncube resided at his own home in Mahobo village under chief Bvukwe also in Mberengwa. He was aged 49 at the time he met his death. More
After the oral evidence of 2 state witnesses and the admission in terms of section 314 of the Criminal Procedure and Evidence Act of 12 other state witnesses’ evidence as summarised in the state outline, the state called a 3rd witness to give oral evidence, one Lovemore Sibanda. More
An accused person who pleads guilty to a charge must have all the essential elements of the offence put to him, each in turn. He must be accorded an opportunity to respond to each element of the crime. Where he is convicted when some element(s) of the offence has/ have not been put to him, his conviction is improper. It cannot, therefore, stand. More
The proceedings in this matter were adjourned following the accused’s conviction for a sexual offence, in accordance with s54 of the Magistrates’ Court Act [Chapter7:10]. During the pre-sentencing hearing stage, it was brought to the attention of the trial magistrate that the offender suffers from Human Immunodeficiency Virus (HIV), which causes a condition known as Acquired Immunodeficiency Syndrome whose acronym is AIDS. He was HIV positive at the time he committed the offence he now stands convicted of. Taking into account his own ordinary sentencing jurisdiction of 5 years imprisonment or alternatively a fine not exceeding level 10, and that... More
Both accused 1 and accused 2 are father and son respectively. They were arraigned for murder as defined in s 47(i) of the Criminal Law (Codification and Reform) Act [Cap 9:23]. However they were convicted of the permissible verdict of contravening section s 49 of the Criminal Law (Codification and Reform) Act [Cap 9:23]. This was on the basis of a statement of agreed facts.
I am indebted and grateful to the well-researched and detailed submissions by both counsel for the accused persons in mitigation and state counsel in aggravation. This court cannot be less wiser after such meaningful submissions. More
The accused, aged 20 years is facing a charge 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 by the state that on 4 May 2020 at Section 9, Tongogara Refugee Camp, Chipinge, the accused unlawfully caused the death of Dannymore Mutisi by stabbing him on the stomach with an okapi knife 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 in injuries... More
The accused is charged with the crime 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 11 February, 2016 and at Mandaza Village, Chief Nyamweda, Mhondoro, he intentionally and unlawfully caused the death of one Chido Kurwakumire, a female juvenile by stabbing her with a knife repeatedly on and upon her body. The deceased resultantly died of the injuries which she sustained. More
The 3 accused were arraigned on the charge of murder the now deceased Elliot Chingava. It is the state case that all the 3 accused turned on to the now deceased and assaulted him with fists, open hands and booted feet. It is said accused Simbarashe disarmed Courage of the log and used it to repeatedly strike the now deceased all over the body causing him to fall down after which all the 3 accused fled from the scene. The state alleges that one patron Victor Chinono attended to the now deceased and proceeded to his home. However, it is... More
The accused person pleaded to a charge of contravening s 70 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9: 23]. He was sentenced to 18 months’ imprisonment of which 8 months’ imprisonment was suspended for 5 years on condition of good behavior. The remaining 10 months’ imprisonment was suspended on condition of performing 350 hours of community service. More
The Senior Regional Magistrate for Masvingo Province has referred this matter to the Registrar for guidance on the following facts.
The accused was convicted of assault on his plea of guilty. The charge arose from a misunderstanding between the complainant and the accused, who was drunk at the time. In the ensuing fist fight, the accused struck the complainant on the head with a stone. As appears from the medical report produced in evidence, the complainant sustained a 5cm long and 2cm deep scalp laceration thereby exposing a fractured skull. According to the examining doctor, the force used on the... More
The court a quo seemed to have conducted the proceedings in this matter without regard to the relevant provisions of the Code [The Criminal Law (Codification and Reform) Act, [Cap 9:23]. As a result, both the offence with which the accused was charged, and the sentence meted out, were manifestly inappropriate, particularly given the agreed facts and the accused’s own explanation. More
The accused was convicted by a provincial magistrate sitting at Gokwe of one count of theft of property valued at $103.00 which was all recovered. He was sentenced to pay a fine of $100.00 or in default of payment to 6 months imprisonment. In addition he was sentenced to 3 months imprisonment, the whole of which was suspended for 5 years on the usual condition of future good conduct. More
