The two matters were brought before me for review. I decided to dispose of both matters in one review minute as both records were presided over by the same magistrate. Further in both records the accused were convicted of unlawful entry and theft. Both records reflect effective imprisonment terms. The issues that arise in respect of both records are the same. More
The test to be applied where the defence of provocation is raised to a charge of murder is this - Did the accused actually lose his self-control, and not necessarily his capacity to intend to kill? The second part of the test is for the court to ask itself whether, in the circumstances before it an ordinary man would have lost his self-control and acted as the accused did. Domestic violence is now supurating sore, a cancer on the fabric of our society and moral wellbeing. Both sexes have proved capable of taking away the life of a spouse or... More
The accused person appeared before a Harare Magistrate together with a co-accused facing a charge of attempted murder as defined in s 189 (1) (a) (b) as read with s 47 (1) (a) (b) of the Criminal Law (Codification and Reform Act, [Chapter 9:23] and another of robbery as defined in s 126 (1) (a) (b) of the said code. The two accused pleaded not guilty and his co-accused was acquitted at the close of the trial. The accused was convicted and sentenced to 6 years imprisonment for the attempted murder charge and 10 years imprisonment for the robbery charge,... 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 indictment alleges that on 26
April, 2015 the accused acting with intent or realising the real risk or possibility that his actions
might cause death and nonetheless continuing to engage in that conduct unlawfully shot the
deceased Vena Bokosha once on the head with an AK rifle and caused the deceased’s death. The
shooting incident occurred at Manyame Airbase, Harare at an area referred to as the bomb dump.
It is a security area where... More
The accused person was arraigned on a charge of rape. He was
subsequently convicted of indecent assault. The record of proceedings was submitted to the
High Court for review in terms of s 57 (1) of the Magistrates Court Act [Chapter 7:10]. More
This matter was listed for trial today with the accused having been indicted
on 2 counts of murder. Prior to the hearing, counsel made a courtesy call and I met with them in
chambers. The accused’s counsel had not previously appeared before me and took the
opportunity to introduce himself as is customary. I enquired of counsel whether the matter was
proceeding to trial as scheduled. The State counsel advised that he would apply for
postponement of the trial for a number of reasons including the fact that he did not have state
witnesses in attendance. I directed that the... More
