On the 14th of January 2019, during the evening hours the deceased and the accused were part of a group of villagers who were gathered for a beer drink at Nhlanhla Sibanda’s homestead after assisting him fence his fields. It is a long held tradition in the country side for neighbours to assist each other in undertaking specific tasks in the fields. Once the task at hand is completed villagers retreat for a beer drink. Food is normally served as well at such events. More
The accused was 19 years at the time of this offence. The deceased was 46 years old. The accused appears in this court on a charge of murder. It being alleged that on the 27th September 2010 the accused wrongfully and intentionally caused the death of Silindile Ncube by striking him with a log on the head and chest thereby causing his death. The accused pleaded not guilty on the charge of murder. He tendered a plea of guilty with respect to the lesser offence of culpable homicide. The state accepted the limited plea.
A statement of agreed facts was... More
The accused appears in this court on a charge of murder. It is alleged by the state that on 28th September 2018 at Bernard Dube’s homestead, Village 3 Lukala Siganda, Inyathi, the accused assaulted Mthandazo Sibanda with booted feet and switches all over the body thereby causing his death. The accused denied the charge of murder and tendered a plea of guilty with respect to the lessor charge of culpable homicide. The state conceded that the plea tendered was appropriate in the circumstances. The state proceeded by way of a statement of agreed facts. Mr V. J. Mpofu appearing for... More
The accused is a member of the Zimbabwe Defence Forces. In the early hours of the morning of 1st February 2018 around 0300 hours the accused arrived at house number 1604 New Magwegwe, Bulawayo. He was clad in full military combat gear and was armed with an AK 47 assault rifle with 20 rounds of ammunition. The occupants of the house were awoken by heavy knocks at the back door. The accused demanded that they open the door. He cocked his weapon. The deceased Ashley Phiri asked what the accused wanted at that hour of the morning. The door was... More
The accused is a female aged 18 years. She is now into full time prostitution. She has no fixed abode but appears to sell her services at or around Gokwe Centre. On 29th August 2018 she appeared before a Provincial Magistrate at Gokwe facing a charge of unlawful entry as defined in section 131 of the Criminal Law Codification and Reform Act (Chapter 9:23). She pleaded guilty and was sentenced to 4 months imprisonment, wholly suspended for 5 years on condition of future good conduct. The brief facts surrounding the commission of this offence are that on the 28th August... More
On the night of 5th November 2018 around 1900 hours, the 21 year old accused and the deceased, who was aged 26 years at the time he met his tragic death were at Teakdale Bottle Store, Nyamandlovu drinking alcohol. Also present at the bar was Jabulani Sibanda, a friend to both accused and the deceased. Large quantities of beer were consumed by the accused, the deceased and Jabulani. The accused was consuming an alcoholic drink known as “Ranger”. It is a highly potent spirit. That night alone the deceased drowned at least 10 bottles. The bottles contain (250ml). At around... More
This record was placed before me on automatic review. I raised two queries relating to what I considered a lenient sentence for attempted murder and why the sentences for the two robbery counts were ordered to run concurrently in circumstances where they were committed on different dates and places.
The court a quo’s approach to sentence resulted in an effective 15 year sentence for (1) attempted murder committed in the course of a robbery resulting in the complainant sustaining serious injuries; (2) two counts of robbery wherein the complainants were attacked with iron bars, machetes and an axe. Indeed the... More
