The accused is facing a charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform Act) [Chapter 9:23], (the Criminal Law Code). It is alleged that on 11 November 2021 at or near Shamva Gold Mine, Shamva, the accused unlawfully and intentionally or realizing that there was a real risk or possibility that death would result, shot Remember Musariri (hereinafter called the deceased) with a 12 bore Beretta shot gun thereby causing injuries from which the said Remember Musariri died. More
Rifias Mandiko, (hereinafter the accused), a suspected mental patient detained at Chikurubi Maximum Psychiatric Unit, is accused of killing Tapiwa Alhwisi Nduna(the deceased). Prosecution alleges that in that mental institution the accused unlawfully and with intention to kill or realising that there was a real risk or possibility that his conduct may cause death and continuing to engage in that conduct despite the risk or possibility, the accused caused the death of the deceased by striking him on the head and face several times with a hoe. The assault caused injuries which led to the deceased’s death. More
Another victim of domestic violence or reckless mishandling of a firearm resulting in a fatality? Whichever way one looks at this homicide, what is certain is that the loss of life was needless. Tichaona Chirinhe (the accused), a serving police officer is accused of fatally shooting his spouse Juliana Chirinhe (the deceased) on the groin using his service pistol at number 164A Unit F Seke in Chitungwiza on 27 December 2020. The deceased was also a member of the police force. The injuries she sustained were mortal. More
This murder is what was described in the case of R v Kemp as a motiveless and irrational attack. It illustrates the imperceptible gradations between sanity and insanity and responsibility and irresponsibility. More
A plea of guilty should be genuine,unequivocal and freely made. It should not be accompanied by any explanation which impacts upon the admission of guilty. Once such an explanation props up the plea should be altered to “not guilty”. Despite numerous judgments by this court emphasizing this point the lower courts continue making the same mistake of proceeding with a plea of guilty when evidence points otherwise. This case is yet another example of such a misdirection. More
The accused person faces a charge of murder in contravention of s47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (hereinafter the Criminal Code). The allegations against him are that on 9 May 2020 in Wenimbi, Marondera, Fungai Chiwaya unlawfully and intentionally caused the death of Laque Jonasi by striking him on the back of the neck with a machete or realising that there was a real risk or possibility that death may occur he persisted with his conduct despite the risk or possibility. Laque Jonasi died from the injuries sustained during the attack. More
The record of proceedings in this case was placed before me accompanied by a minute from the scrutinising regional magistrate at Harare. The accused was charged with the offence of culpable homicide in contravention of s 49 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was convicted on his own plea of guilty and sentenced as follows: More
