The accused was charged with having sexual intercourse with a young person in contravention of s 70(1) (a) of the Criminal Law (Codification and Reform) Act [Cap 9:23]. He pleaded guilty to all the essential elements of the charge put before him. He received the following sentence as worded by the Magistrate: More
In these 3 matters the accused persons were intercepted at roadblocks mounted by the police in Beatrice on 19 and 20 October 2012 while carrying firewood they had fetched at farms in the area. In the first case of Juliet Chikandiwa and 2 others, they had loaded 3 codes of firewood onto a Mazda T35 truck registration number AAP 6474. In the second of MuranganwaZinyana and 2 others, they had loaded 7 codes onto an unspecified 8 tonne truck registration number ABY 6641 while in the third case of BrodrickTasukwa and another, they were carrying firewood in an unspecified 2,5... More
The above matter was referred for review with the following comments:
“The record of proceedings was placed for review before the regional magistrate who noted that the trial magistrate had imposed two sentences which was said to be improper in the case of Chipwere HH 314-08.
The trial magistrate conceded that she had imposed two sentences.
May we be guided on the way forward?” More
This is perhaps a classical case of how not to conduct a trial based on a plea of guilty in terms of s 271 (2) (b) of the Criminal Procedure and Evidence Act [Cap.9:07]. In this case the accused a 17 year old juvenile had consensual sexual intercourse with a fellow juvenile in contravention of s 70 (1) of the (Criminal Law codification and Reform) Act [Cap. 9:23].The complainant’s age was assessed by a medical practitioner to be between 14 ½ and 15 ½. More
The accused a known psychiatric patient struck and killed her now deceased grant son on 18 December 2010. Her brother in law one ClaudiousManomano who has known the accused for more than 30 years confirmed without any contradiction that she is a known psychiatric patient. More
This matter was referred to me by the scrutinising Senior Regional Magistrate for the Eastern Division who felt that it needed urgent attention as there was a likelihood of a grave injustice occurring given that the accused person had been given an unjustified term of imprisonment. More
The accused in this matter was convicted on his plea of guilty to a charge of unlawful entry in aggravating circumstances as defined in section 131(2)(e) of the Criminal Law (Codification and Reform) Act [Cap 9:23]. Although the process of conviction is otherwise in order, the framing of the charge warrants further scrutiny. More
