The two accused appeared before us charged with the offence of murder as defined in section 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (hereinafter referred to as “the Code.”) the State alleged that on 25 January 2021 at around 4:00 a.m., Tatenda Ringson Anoki (the deceased) unlawfully entered into and stole from a shop that was manned by Tatenda Migeri (hereinafter referred to as the “1st accused”.) He was caught in the act by the 1st accused who called upon Cornius Kamutongo (hereinafter referred to as the “2nd accused)” for assistance. The two accused took turns... More
The trial court erroneously caused the prosecution of a 12 year old juvenile without the Prosecutor General’s authority in terms of section 231 of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. The section provides:
“231. Prosecutor-General to authorize prosecutions of children under fourteen years.
No proceedings in respect of any crime shall be instituted or continued against any person who is under the age of fourteen years, other than proceedings for the purposes of remand, without the authority of the Prosecutor-General.” More
The accused, Mr. Tawana Paul Clifford Ngwenya, is appearing before this court charged with the crime of murder as defined in section 47(1) of the Criminal Law (Codification and Reform) Act Chapter 9:23 (Criminal Law Code). It being alleged that on 29 May 2020 the accused struck Tabelo Mazolo (hereinafter referred to as “the deceased”) on the head with an iron bar and slit her throat with a knife intending to kill her or realising that there is a real risk or possibility that his conduct may cause the death of the deceased and continued to engage in that conduct... More
This record was placed before me with the Regional Magistrate’s comments as follows:-
“The accused was sentenced to pay a fine for US$100-00 or in default of payment 6 months imprisonment
I queried the apparent mismatch between the fine of $100-00 and the alternative term of imprisonment.
The trial magistrate concedes that the length of the alternative period of imprisonment is inordinate
The record is submitted to his/her Lordship for attention”. More
Accused faces charge of murder it being alleged that on the 22nd of September 2010 he assaulted the deceased Tambudzai Mpofu with clenched fists and an iron bar resulting in the deceased later dying from the injuries sustained in that assault. He pleaded not guilty to the charge, he however tendered a limited plea to the charge of culpable homicide. The state counsel accepted that plea and the parties drew a statement of agreed facts. It was tendered and marked Exhibit 1. 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 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
