MAKONESE J: It is an established principle of sentencing that once a court convicts an accused person and elects to impose a term of imprisonment whether such imprisonment is an effective term or is wholly or partially suspended, a court may not impose another separate distinct and stand-alone prison term for the same single count. Imposing an additional prison term for the same count amounts to sentencing an accused person twice for the same offence. More
KABASA J: The accused appeared before the learned provincial magistrate facing a total of 7 counts, the first two counts involved unlawful entry and theft, the 3rd and the 4th counts were also unlawful entry and theft as defined in section 131 (1) and 113 of the Criminal law Code. Counts 3 and 4 were withdrawn before plea and so there are no issues arising therefrom. More
The 26 year old accused is facing a charge of murder in contravention of section 47 (1) (a) of the Criminal Law (Codification & Reform) Act (Chapter) 9:23. The state alleges that on 2ndApril 2020 and at Gibson Ndlovu’s homestead, Xhanixhani Line, Tsholotsho the accused stabbed his 52 year old father three times in the stomach and once in the throat, with a knife, thereby causing his death. The accused admits the stabbing but avers that at the time of the commission of the offence he was suffering from mental illness and could not appreciate the consequences of his actions.... More
MAKONESE J: The accused was aged 50 yearsat the time of the commission of the offence. Thedeceased was aged 3 years at the time he met his death. The accused appears in this court facing a charge of murder in contravention of s47(1) of the Criminal Law Codification and Reform Act (Chapter 9:23). The accused admits committing the murder but alleges that she lacked the requisite mental capacity to commit the offence by reason of insanity. The state and defence have filed a statement of agreed facts narrating the events leading to the murder. On 20th June 2019 and at... More
On 31 October 2019 at Chawa Village, Chief Makoni, Maparura, Mayo the deceased a 2 month old baby lost its life due to poison ingestion. It is alleged that on 31 October 2019 the accused unlawfully caused the death of Panashe Dengwani by administering diazon pesticide into his mouth with a syringe intending to kill him or realising that there was an 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 said Panashe Dengwani died. The accused pleaded not guilty to... More
The accused pleaded not guilty to two counts of murder in aggravatory circumstances as defined in s 47(1)(a) or (b) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. It is alleged by the state that the accused person killed two elderly people who were husband and wife by striking each one of them with an axe on the head. After fatally striking the couple the accused ransacked the couple’s bedroom and stole US233 and about $30ZWL. The accused denied having unlawfully and intentionally caused the death of the deceased persons. He also denied having any realisation that there... More
The accused was arraigned before this court on a charge of murder as defined in s 47 (1) of the criminal Law (Codification and Reform) Act [Chapter 9:23]. The state alleges that on 28 October 2018, and at Munhuhaashati Village, Chief Mutema, Chipinge, the accused person unlawfully caused the death of Phillip Ndlovu by striking him twice on the back intending to kill him or realising that there was a real risk or possibility that his continued conduct might cause the death and continued to engage in that conduct despite the risk or possibility thereby causing injuries from which the... More
