The accused, Fredrick Chafadza, 30, was charged with two counts. The first was the murder of Charles Kudubva, 34 [“the deceased”]. The second was the attempted murder of one Kudakwashe Musvamhuri [“Kuda”]. More
The trial court has conceded that it misdirected itself in the manner it handled the charge that was preferred against the accused person in count one, and the manner it approached sentencing in both counts one and two. This case is almost on all fours with S v Chitepo HMA 3-17 in which some guidelines in matters involving driving offences were proffered. More
The accused appeared before the Provincial Magistrate, Mbare Magistrate Court on 24 November, 2016. He was charged with the offence of culpable homicide as defined in s 49 (a) (1) of the Criminal Law (Codification & Reform Act), [Chapter 9.23]. More
The accused was convicted by the magistrate sitting at Kadoma for contravening s 70 (1) (a) of the Criminal Law Codification and Reform Act, [Chapter 9:23]. Section 70 (1) (a) aforesaid creates the offence of having sexual intercourse with a young person. More
The delay in finalising this trial was occasioned by the absence of the doctor who performed the post mortem on the remains of the now deceased. The said doctor had relocated to Namibia and it took time to put logistical arrangements to enable him to travel to Zimbabwe to testify. As will fully more appear in this judgment the doctor’s evidence is very critical in this case. More
The proceedings in this matter would not have been referred to this court for review because the sentences imposed qualified the proceedings to be scrutinized by the Regional Magistrate in terms of s 58 of the Magistrates Court, [Chapter 7:10]. In terms of the said section, in proceedings where the accused appearing before the provincial court and has been convicted and sentenced to imprisonment of between 3 and 12 months or a fine of between level 4 and 6, the record of proceedings is scrutinized by the regional magistrate. In terms of s 58 (3) (b) where the scrutinizing regional... More
This matter is mired in domestic violence which culminated in the now deceased’s death. The question which therefore exercised the mind of the court is whether the defence of provocation is available to the accused. More
