The accused was convicted of escaping from lawful custody as defined in s185 (1) b of the Criminal Law Codification and Reform Act [Chapter 9:23]‘the Criminal Code’. He had a previous conviction of unlawful entry into premises in contravention of s131 of the Criminal Code, for which a portion of imprisonment was suspended on condition that the accused did not commit any offence involving dishonesty during the period of suspension, When the Court convicted him of escaping from lawful custody, it brought into effect the suspended sentence. This was a misdirection. More
The accused was charged with the offence of Stock Theft as defined in s 114 of the Criminal Law (Codification & Reform) Act, [Chapter 9:23]. He was convicted on his own plea of guilty by the magistrate M Mabika Esquire sitting at Chinhoyi on 24 November 2020 and sentenced to the mandatory minimum sentence of 9 years imprisonment. The charge alleged that the accused, aged 48 years, in the month of October 2020 at Highbury Farm, Chinhoyi, the accused and an accomplice intending to deprive the complainant of his cattle drove away six (6) herd of cattle belonging to the... More
The accused was arraigned before this court facing a charge of murder as defined in s47 of the Criminal Law(Codification and Reform) Act [Chapter 9:23] (Hereinafter the Code)]. The allegations are that on 24 December 2018, at Chireka Village, Chief Musina in Bindura, the accused assaulted Garikai Petro with fists and booted feet on the chest with the intention to kill him or realising that there was a real risk or possibility that death may occur. More
: This matter is an automatic review. The record was accompanied by a letter from the presiding magistrate who convicted the accused of contravening section 49 (a) of the Criminal Law (Codification and Reform) Act[Chapter 9:23] Culpable Homicide and contravening s 6(1)(a) of the Road Traffic Act [Chapter 13:11]. The learned magistrate in regard to the Culpable Homicide count indicates that he realized that he had made a mistake in that he had misinterpreted the sketch plan which placed the point of impact in accused’s lane as opposed to his finding that the point of impact was in the complainant’s... More
The four accused persons are facing one count of unlawful entry in aggravating circumstances as defined in s 131 (2) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] and one count of murder as defined in s 47 of the same Act. More
: In S v Tevedzayi TSANGA J painted a graphic picture of the amount of violence going on against women in a lot of homes when she said:
“An increasing number of cases brought before the courts reveal that far too frequently the bedroom has become a deadly environment for women as a result of men’s violent outbursts in the resolution of disputes. Women have been clobbered, booted, strangled, stabbed, or slashed to death by their spouse in the confines of the bedroom, all the while by men who would have the courts believe that but for their wife’s sluttish... More
The accused faces a charge of murder, in contravention of s47(1) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23] (hereinafter called “Code”), it being alleged that he caused the death of Sydney Zuruvi (hereinafter called “the deceased”), by stabbing him with a kitchen knife all over his body thereby inflicting mortal wounds. More
