MUZENDA J: Accused is being arraigned for Murder as defined in s 47(1)(a) or (b) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23] it being alleged by the state that on 30 June 2020 and at Section 3, Ratings Compound Middle Sabi, Chipinge, the accused unlawfully caused the death of Rofias Musarowa Marowa, by striking him with a log all over the body several times with intent to kill him. More
The accused person is a 50 year old grandmother who has been charged and convicted of three counts of unlawful entry, in contravening of s 131 (1) and (2) ( e) of the Criminal Law (Codification Reform) Act [Chapter 9:23]. She pleaded guilty to all counts and was sentenced to nine months imprisonment on each count. Of the total of 27 months imprisonment, 7 months’ imprisonment was suspended on condition of good behaviour. She is currently serving 20 months. More
The proceedings in this matter were referred by the scrutinising regional magistrate for review by a judge of this court in terms of s 58 of the Magistrates Court Act, [Chapter 7:10]. The scrutinizing regional magistrate was in doubt on whether the proceedings were in accordance with real and substantial justice when he scrutinized them. The scrutinizing regional magistrate raised two issues one of which was resolved in circumstances of a suspicion raised on the integrity of the learned trial magistrate More
The accused was convicted following his plea of guilty to seven counts of stock theft as defined in section 114 (2) (a) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23] (the criminal code). In all the seven counts the livestock in question were bovine beasts. The agreed facts are that in count 1 he stole 5 head of cattle and in each of counts 2,3 and 5 he stole one beast and that in respect of each of counts 4,6 and 7 he stole 2 beasts. That brought she grand total of the cattle he stole to fourteen. More
The record of proceedings was placed before me on 22 March 2021 for review with a cover note by the trial magistrate.
The substance of the trial magistrate’s concern is as follows. The three accused persons appeared before the trial court charged with two counts of contravening section 182 (1) (a) and section 47 (1) (e) of the Customs and Excise Act [Chapter 23:02] respectively. On the first count the accused allegedly smuggled 180kgs of secondhand clothes, 22kgs of new clothing and 6kgs of new underwear. On the second count they imported prohibited goods. The state withdrew charges against accused... More
The accused was convicted in the Magistrates’ court for exposing an infant in contravention of s 108 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (The Criminal Code). A sentence of 6 months imprisonment which was wholly suspended on the usual conditions of good behavior was imposed. More
The matter was referred to me by the Scrutinising Regional Magistrate at Masvingo.
The Regional Magistrate’s bone of contention is that the sentence imposed by the court a quo is manifestly lenient in light of the nature of the offence of robbery and that a knife was used to intimidate the complainant. Unfortunately the Regional Magistrate, besides citing certain decided cases does not proffer any suggestion as to what should be the appropriate sentence. More
