Maxim Matsetu who I will in this judgment call the convicted person appeared before a senior Magistrate at Mbare magistrate’s Court charged with the contravention of s 49 (1) (a) of the Criminal Law (Codification and Reform) Act [Cap 9;23] (culpable homicide). He pleaded guilty and was convicted on his own plea. He was sentenced to 6 months imprisonment of which 2 months were suspended on conditions of good behaviour. More
Christopher Ndlovu who I will in this judgment refer to as the convicted person appeared before a regional magistrate sitting at Mutare Magistrate’s Court, charged with the contravention of s 184 of the Criminal Law (Codification and reform Act [Cap9:23] (defeating the course of justice) and alternatively s180 of the Code (giving false information to the court). He was jointly charged with a co-accused whose fate is not under consideration in this review judgment. The convicted person pleaded not guilty, but was convicted after a trial. It is however not clear as to whether he was convicted on the main... More
The accused stands convicted on his own plea of guilty to a charge of culpable homicide committed under the most disturbing bizarre circumstances. The brief undisputed facts are thatsometime in 2009 the deceased rapedand infected the accused’s wife with the deadly aids virus. She in turn infected her husband and their newly born baby. More
The accused person was arraigned before a magistrate at Harare facing 2 counts of fraud in breach of s 136 of the Criminal Law (Codification and Reform) Act [Cap 9:23], one count of using a motor vehicle without the owner’s consent in violation of s 57(1)(b) of the Road Traffic Act [Cap 13:11] and one count of theft of trust property in violation of s 113(2)(d) of [Cap 9:23]. He pleaded not guilty to all the charges. More
The accused is a 39 year old foreigner cherishing his domicile in Blantyre Malawi. On the night of 30 June 2013 he was driving a Volvo BUSSCAR bus registration number BS 358 which was towing a trailer registration number BR 9065 with 51 passengers on board, headed for Harare. At about 20.30 hours (both the charge sheet and the State outline are silent on the time of the day whether by design or oversight), at the 220 km peg he hit a black cow which had invaded the road from the right side and was in the middle of his... More
The deceased succumbed to death on 18 December 2011 from burns sustained in a horrific inferno at her matrimonial home on 14 December 2013. The circumstances under which she sustained the mortal burns are hotly contested. That the deceased caught fire after she had been doused in paraffin and then set alight is beyond question. More
Both accused were initially charged with murder but were convicted on their own pleas of guilty to the lesser charge of culpable homicide as defined in s 49 of the Criminal Law (Codification and Reform) Act [Cap. 9:23]. More
