This record was referred to this court by the Regional Magistrate who raised queries on scrutiny of the proceedings presided over by a junior magistrate. The Regional Magistrate’s minute reads as follows:
“STATE v SAMUEL AGERE CRB 120/17
May the record of proceedings be placed before a Judge of the High Court with the following comments from the scrutinizing Regional Magistrate: More
The five accused persons were charged with criminal abuse of duty as public officers as defined in s 174 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The allegations against them were that between 3-23 May 2017, at ZINARA, the five accused had unlawfully and in common purpose with each other, in the exercise of their functions and contrary to their duties as public officers, engaged third party companies to source foreign currency on the informal market on behalf of ZINARA. This was in their capacities as Finance Director, Finance Manager, Accountant, Regional Engineer North, and Director Administration... More
This case involves an allegation of murder of one brother by the other blood brother. It is the State’s contention that on 15 August 2017 and at Village 51 Nyamusosa, Mayo, the accused unlawfully caused the death of Gabriel Masomera by striking him with a log once on the head with the 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, resulting in injuries from which Gabriel Masomera died. The accused pleaded not guilty to the charge... More
The accused, a known psychiatric patient struck the deceased her sister an, also known psychiatric patient. The accused struck the deceased all over the body using a wooden stick thereby causing head injuries from which the deceased died as per the post mortem report tendered by consent of counsels as exh 3. The offence occurred on the 19th of December 2016 at House number 7708, Area 16, Dangamvura, Mutare. More
Both accused were initially charged with the crime of murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The state and the defence found each other and the matter proceeded by way of agreed facts. Consequently, both were convicted of culpable homicide as defined in s 49 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. More
Following the passing of sentence in this case whose judgment is now unreported under case no HH 458/18, the accused’s counsel Mr Rubaya advised the court that he had instructions to make an application for leave to appeal. An application for leave to appeal is made in terms of order 34 of the High Court Civil Rules. The application by Mr Rubaya was being made pursuant to r 262 in terms of which the convict makes an oral application immediately after sentence for leave to appeal. The grounds for making the application should be stated and recorded as part of... More
The accused was convicted by the Provincial Magistrate sitting at Kadoma on two charges. The first conviction was on a charge of stocktheft as defined in section 114 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] for stealing one cow. The other conviction was on charge of theft as defined in section 113 of the Criminal Law Code for stealing a plough and a board. The charge of stocktheft calls for a minimum mandatory sentence of nine years if there are no special circumstances. (See s 114 (2) e as read with subsection 3). Subsection 3 imposes the... More
