The scrutinizing regional magistrate addressed a minute to the Registrar in which he highlighted some irregularities in the proceedings. Following an exchange between the scrutinizing regional magistrate and the trial magistrate, the latter conceded the anomalies that were highlighted to him. More
The accused pleaded not guilty to a charge of murder as defined in Section 47 (1) of the Criminal Law (Codification) and Reform Act [Chapter 9:23]. The brief allegations forming the basis of the charge being that on the 26th June 2018 at Mapinge Village, Mutema, Chipinge, the accused unlawfully caused the death of Patikai Madaro by stoning him and striking him several times on the head with a machete and a stone realising that there was a real risk or possibility that conduct might cause death and continued to engage in that conduct despite the risk or possibility resulting... More
The accused person was charged and convicted following a full trial for contravening s 38(4)(a) of the Railways Act, [Chapter 13:09], after pleading not guilty. He was sentenced to a minimum mandatory imprisonment term of five years. The court stated that there were no special circumstances warranting the reduction of sentence. More
This case evokes once again, the raging debate regarding the administration of corporal punishment on children by parents and guardians. Whichever side one takes in the discourse, it is a fact that some of the unintended consequences of that method of instilling discipline in children may be ghastly. The accused wept uncontrollably from time to time throughout the course of the trial. She was arraigned before us on a charge of murder in contravention of s 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Criminal Law Code). The State alleges that on 20 January 2022, Yeukai... More
The accused persons in this case are charged with three separate counts of murder, assault and arson. These three counts arise from events which took place in 2000 at Nehanda Resettlement Village, Madziwa. More
This murder case raises one issue for determination whether the accused is liable for the death of the deceased who fled from the accused and jumped into a river and died. The background facts are largely common cause. On the 20th of January 2024 the accused who was in the company of one other person apprehended the deceased Tawanda Musona a suspected thief. They assaulted him using open hands and switches. They intended to take him to the farm office. Along the way, the deceased bolted. He ran away, they pursued him. Deceased ran and jumped into Munene River. The... More
This matter involves a love triangle. Despite her advanced age the accused who hails from Mamvura village Chief Munyikwa, Gutu was in love with two men. These were Simbarashe Matombo the aged 46 years who is the now deceased and was residing in Matombo village, Chief Munyikwa, Gutu and one Ephias Chiwara aged 49 years of Mutsaka Village, Chief Munyikwa, Gutu. These two men were aware that they were in love with the same local woman, the accused. In fact Ephias Chiwara said before this incident he had been once assaulted over this same woman, the accused, after being found... More
The accused in this case pleaded not guilty to a charge of murder proffered by the State. It is alleged that on 14 October 2018 at Muyambo Homestead, Ukoto Village, Chief Musikavanhu, Chipinge, the accused unlawfully caused the death of Joel Muyambo by striking him on the head once with a log with an intention 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.The accused was thus charged with murder as defined on s 47 1 (a) or... More
This review matter once again brings to the fore the often vexed question of what amounts special reasons for one to escape the mandatory minimum sentence prescribed for theft of bovine beasts. The brief facts of this matter are the following. The accused was convicted following his plea of guilty to the offence of stock theft in contravention of section 114 (2) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. He candidly admitted having unlawfully slaughtered stray beast whose custody for the time being had been entrusted to him. The owner of that beast remains unknown. More
Joyce Chikomo (the deceased) and Zvisineyi Rupiya (the accused) stayed in bliss at a farm compound in the farming areas of Bindura. The serenity in the area was rocked on 7 September 2023 around 1700 hours after the deceased confronted the accused who was in conversation with one Beauty Mutyambizi. The deceased wanted to know what the two were discussing. Taking no prisoners, the deceased said they were discussing the rumour which was circulating in the area that the accused had had sexual intercourse with her neighbour called Abraham Saramba and was paid USD $5 for the service. The accused... More
The accused person pleaded not guilty to the offence of murder in contravention of s47 (1) of the Criminal Law Code. He raised two defences, provocation and self- defence with voluntary intoxication as a mitigatory factor. It is alleged that he axed to death his friend and relative, Washington Kachepa, on the night of 25th of March, 2024 after a beer drink at Bluegrass Village, Kadoma. More
. It is alleged that on 20 June 2021, in Braeside Harare the accused caused the death of SimbarasheMuzividzi by slapping him twice on the face and pushing him onto a hard, stony ground with intent to kill or realising that there was a real risk or possibility that death may result. On the fateful day, both the accused and the deceased were allegedly drinking beer with Kevin Levendale and two other colleagues. A misunderstanding then arose between the accused and the deceased with the latter demanding respect from the former whom he alleged was younger than him. The accused... More
At the commencement of this trial, the state successfully applied for separation of trial as the accused was jointly charged with one Charles Chinhosva. Charles Chinhosva is at large and a warrant of his arrest was issued. The trial proceeded in respect of the accused Lazarus Togarepi. More
MAWADZE J: This review judgment has been occasioned by the need to assist judicial officers especially Magistrates in sentencing juveniles convicted of criminal offences in light of the decision of the Constitutional Court in the case of State v Willard Chokuramba& 4 Ors. CCZ 10/19. More
: The delay in finalising this criminal trial has been occasioned by the none availability of one of the state witnesses the then Sgt Richmore Pepukai who had left the police force and was said to have relocated to Botswana. Although the trial commenced on 22 March 2018, Sgt Richmore Pepukai only availed himself on 6 June, 2019. Meanwhile pro deo counsel for the accused constantly changed in the process from Mangwana and Partners. When the trial started Ms V. Zvobgo represented the accused. After she relocated Ms P. Chimwanda took over who also left and the trial was completed... More
