KABASA J: The accused is charged with murder as defined in section 47 (1) of the Criminal Law (Codification and Reform) Act, Chapter 9:23, in that on 2nd August 2020 at HloniphaniTapsonMoyo’s homestead, Denge Line in Tsholotsho, he unlawfully struck HloniphaniTapsonMoyo with a fire stand once on the head intending to kill him or realising that there was a real risk or possibility that his conduct may cause death and continued to engage in that conduct despite the risk or possibility. More
MAKONESE J: This matter raises the question of the doctrine of common purpose and its applicability in a matter where an accused admits having participated in the actual assault of the deceased, but avers that he dissociated himself from a fatal assault leading to the death of a victim.It is settled in our law that each individual in a common purpose case is to be judged on his own mensrea. The conduct of the accused on which criminal liability for the crime is founded consists not necessarily in an act which is casually linked with the death of the decease,... More
KABASA J: The accused was facing a charge of murder as defined in section 47 (1) of the Criminal Law (Codification and Reform) Act, Chapter 9:23. He pleaded not guilty to murder but tendered a limited plea to culpable homicide as defined in section 49 of the Criminal Law Code.
The state accepted the limited plea and to that end tendered a statement of agreed facts. More
MOYO J: The accused faces a charge of murder, it being alleged that during the month of August 2020 and at house No. 1798 Nketa 8, accused stabbed the now deceased Ocean Kudakwashe Mahachi with a knife once on the head resulting in the deceased dying at a later date from the injuries sustained in that assault.
The accused person pleaded Not Guilty to the charge of murder, but instead tendered a limited plea to a charge of culpable homicide. The state counsel accepted the limited plea and the parties drew a statement of agreed facts. It was tendered into... More
KABASA J: The accused appeared before us charged with the crime of murder, as defined in section 47 (1) of the Criminal Law (Codification and Reform) Act, Chapter 9:23. He tendered a plea of not guilty to murder but guilty to culpable homicide. The state accepted the limited plea.
In so accepting the limited plea, the state tendered a
(1) statement of agreed facts
(2) a post-mortem report compiled by Doctor Juana Rodriguez Gregori, which was marked Exhibit 1.
3. an axe which was the murder weapon whose weight was 1,5 kg, length of wooden handle 82,5 cm, circumference of... More
The accused was arraigned for Murder as defined in s 47 (1)(a) or (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It is alleged that on 23 December 2019 and at 44 Leslivlei Farm, Chief Mutema Chipinge, accused unlawfully caused the death of Mathew Mucherere by shooting him with a Bikal Shotgun on the right side of the abdomen intending to cause death 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 the... More
KABASA J: The accused was initially charged with attempted murder as defined in section 47 as read with section 189 of the Criminal Law Code. He was jointly charged with his girlfriend who was found not guilty at the end of the trial.
Both accused had pleaded not guilty with the then accused 1 proffering a defence of self defence whilst the accused (Tawanda Mharadze) admitted assaulting his wife but denied an intention to kill her. More
