Sentencing in any criminal matter, entails a delicate balancing act between mitigatory and aggravating factors in each case. It is a matter of discretion which can never be as precise as any mathematical calculation. It should however not be capriciously done but should generally capture the set legal guidelines. Above all punishment should be less retributive and more rehabilitative. More
The two accused persons are brothers. They pleaded not guilty to a charge of murder as defined in s 47 of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. The details of the charge were that, on 29 September, 2013 at Hidden Valley Farm, Mazowe, the two unlawfully and with intent to kill struck the deceased Stanley Tembo with a stone on the head thereby inflicting injuries which resulted in the death of the deceased. More
At the commencement of the trial the accused who pleaded not guilty to the charge took an exception in terms of s 171(2) of the Criminal Procedure and Evidence Act [Cap 9.07]. The relevant provision dealing with exceptions provides as follows:-
“171. Exceptions
(1) When the accused excepts only and does not plead any plea, the court shall proceed to hear and determine the matter forthwith and if the exception is overruled, he shall be called upon to plead to the indictment, summons or charge.
(2) When the accused pleads and excepts together, it shall be in the discretion of... More
The accused was convicted following his plea of guilty to a charge of“Rape”(contravening section 65 (1) of the Criminal Law codification and Reform) Act, [Chapter 9:23](The Criminal Code). The agreed facts are that on numerous occasions he had sexual intercourse with SamanthaMaregedze (the complainant) a female juvenile aged 7 years who at law is incapable of consenting to sexual intercourse.He was subsequently sentenced to 3 years imprisonment which was wholly suspended for 5 years on the usual conditions and the record of proceedings was submitted to this court for automatic review. More
After hearing both counsel’s addresses in mitigation and aggravation one is clearly reminded of the old adage that despite being blind justice should always be tampered with mercy. No matter the circumstances the court should not lose its conscience or moral compass. More
The accused pleaded not guilty to a charge of Murder as defined in s 47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It is alleged that on 19 April 2019 at around 2100 hours and at Village 26, Mount Zonwe, Odzi, the accused person stabbed the deceased thrice on the left arm, abdomen and left side of the chest with a bayonet knife intending to kill him or realising that there was a real risk or possibility that his conduct might cause the death and continued to engage in that conduct despite the risk or possibility... More
In this case the state accepted a limited plea of guilty to culpable homicide as defined in s 49 of the Criminal law (Codification and Reform) Act [Chapter 9:23]. The matter thus proceeded on a statement of agreed facts.
This is a case in which one blow to the head in a fit of rage occasioned death of the deceased. The brief agreed facts are as follows:
On 4 August 2019 at around 1600hrs and at Masimbe Business Centre, the accused person and deceased had an altercation over refusal to pay for meat partaken by the deceased. The accused who... More
