KABASA J: The accused appeared before us on a charge of murder as defined in s47(1) of the Criminal Law (Codification and Reform) Act, chapter 9:23. He pleaded not guilty to the murder charge but tendered a plea of guilty to culpable homicide, which was accepted by the state.
To that end the state tendered a statement of agreed facts. The facts are to the effect that: More
This matter was placed before me on automatic review. The accused person was arraigned before the Regional Court- Western Division, Gwanda. The accused was charged with two counts; count 1 of contravening section 126 of the Criminal Law [Codification and Reform] Act Chapter 9:23, it being alleged that; on the 5th November 2019, at ZRP Filabusi main camp, he unlawfully and intentionally used violence against the complaint and took cash amounting to ZWL$180-00, and a black galaxy A2 core cell phone. In count 2, it is alleged that; on the 5th November 2019, at ZRP Filabusi, main camp, accused, a... More
MAKONESE J: The 18 year old appeared in this court facing a charge of murder as defined in section 47(1) (a) of the Criminal Law (Codification and Reform) Act (Chapter) 9:23. The accused denied the charge. He tendered a limited plea with respect to the lessor offence of culpable homicide. The state rejected the limited plea. The matter proceeded to a full trial.
The facts of the matter are as follows. On the 31st October 2019 and at around 1400 hours the accused arrived at a homestead belonging to 71 year old Johnson Nkomo (the deceased). Deceased was alone at... More
Applicant is jointly charged with another one Tawanda Handikanganwi Karase. The allegations are that they together with other accomplices still at large were involved in two counts of armed robbery at Kuwadzana 5 Shopping Centre and at Tichagarika Shopping Centre Glen View. More
MAKONESE J: The accused was aged 44 years at the time of the commission of the offence. The deceased was her husband. He was aged 52 years when he met his demise. The accused appears in this court facing one count of murder in contravention of s47(1) of the Criminal Law Codification and Reform Act (Chapter 9:23). The accused tenders a plea of not guilty but avers that at the time of the commission of the offence she was suffering from a mental defect. She did not appreciate the consequences of her actions and was not criminally liable. The state... More
TAKUVA J: This matter was placed before me on automatic review in terms of section 57 of the Magistrates’ Court Act (Chapter 7:10)
The accused was arraigned before a Regional Magistrate at Bulawayo on seven (7) counts of contravening section 89 (1) (a) as read with Statutory Instrument 4/2000 of the Postal and Telecommunications Act Chapter 12:05 “destroys, injures or removes any telecommunication line belonging to or used by telecommunication licence”. More
MAKONESE J: The offences of malicious damage to property and assault are two distinct offences whose essential elements are separate and dissimilar. The penal provisions for the two offences are not the same. The offences are not similar in nature. Trial magistrates must treat these distinct offences separately with regards sentence. It is clearly incorrect to treat the charges of malicious damage to property and assault as one for the purposes of sentence, even in circumstances where the offences are closely linked in terms of time. A globular sentence is inappropriate for these offences. More
