On 26 January I delivered a brief ex tempore judgement dismissing applicant’s quest to be released on bail pending his trial on a murder charge (i.e. contravening section 47 (1) of Criminal Law (Codification and Reform) Act, [Chapter 9:23]). A request was subsequently made for me to furnish the reasons informing that decision,which I now proceed to do. No oral submissions were made by the parties and the application was decided solely on the papers filed by the parties in support of their respective positions. This followed the provisions of Practice Direction 02/21 permitting such procedure. The said Practice Direction... More
This record of proceedings was subject of scrutiny by the Acting Regional Magistrate, Northern Division, Marondera. The scrutinizing regional magistrate considered that the trial magistrate had misdirected himself in imposing sentence in that he imposed a fine which was way above the means of the accused and failed to consider and grant time to pay to the accused. The scrutinizing regional magistrate consequently referred the proceedings for review in terms of s 58(3)(b) of the Magistrate Court Act, [Chapter 7:10]. I should indicate that the accused has since served the sentence which was impugned by the scrutinizing regional magistrate. The... More
The applicant, a fifty-five year old medical doctor seeks to be admitted to bail following his arrest and subsequent detention on charges of murder and attempted murder (i.e. contravening section 47 of the Criminal law (codification and Reform) Act [Chapter 9:23] and contravening section 47 as read with section 189 of the same Act.) More
The applicant (hereinafter the accused) made an application in terms of s 198(3) of the Criminal Procedure and Evidence Act [Cap 9:07] for a discharge at the close of the prosecution case. More
The 20 year old first offender was arraigned for murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act, [Cap 9:23]. However at the commencement of the proceedings both counsel found each other and the matter proceeded on the basis of a statement of agreed facts. The accused was therefore convicted of contravening section 49 of the Criminal Law (Codification and Reform) Act [Cap 9:23] relating to culpable homicide. More
There were a lot of twists and turns in this matter.
Initially there were 8 suspects arrested in the matter. However when the trial commenced the other 3 suspects could not be located hence the trial was only in respect of 5 accused persons. More
