The above two records of proceedings were forwarded to me by the scrutinizing regional magistrate for review. The two accused persons were separately convicted of theft by a magistrate at Marondera. They were sentenced as will be shown below. The convictions were proper and raise no issues. The records of proceedings were send for scrutiny as required by law. The regional magistrate noted irregularities in regards the sentences passed. She raised alarm and directed that the proceedings be placed before a judge for review. Her comments were that she had noted in the case of Munyaradzi Danford Sanyika that part... More
This matter was placed before me for review. The scrutinising magistrate’s comments show that the trial magistrate did not properly apply his mind during the trial. The following are the comments: -
“2. The accused was convicted after a full trial on a charge of theft as defined in Section 113 (1) (a) and (b) of the Criminal Law Code. I raised a number of queries with the trial magistrate and he conceded that he erred in most instances.
3. The accused entered his sister’s bedroom through the ceiling because the door was locked and US$10 belonging to his sister... More
Theaccused is arraigned for contravening section 47 (i) of the Criminal Law (Codification and Reformed) Act [Chapter 9:23] which relates to murder.
The charge is that on 12 April 2021 at Village 24, Mukosi Resettlement scheme, Chief Nyajena Masvingo the accused intentionally and unlawfully caused the death of Tinago Chikunda, his brother in law, by stabbing with a knife on the neck once.
At the material time both the accused and the now deceased were 46 years old and residing in the same village, that is, village 24 MukosiResettlement Scheme, Chief Nyajena Masvingo. The now deceased was a brother in... More
This record of proceedings was placed before me on automatic review in terms of s 57 of the Magistrates Court Act [Chapter 7:10]. The accused was charged with and convicted of four counts of unlawful entry into premises. The circumstances were that he had on 27February 2022 at Murehwa Mission, broken and entered into a dormitory which housed four school girls. Whilst inside he had proceeded to steal four satchels, a juice bottle, a mathematical set and a calculator all valued at ZW$10 200 belonging to each of the school girls namely Yeukai, Bliss, Tanatswa and Rutendo. He made good... More
On 2 July 2021 at around 1900 hours at Power Sales Pavement, Herbert Chitepo Street, Mutare, accused, aged 21 years, assaulted GODFREY MUTAMBANESHIRI, a mentally challenged patient, using concrete stones on the ribs and head. He died at Victoria Chitepo Hospital on the same day. Accused is now being charged of Murder as defined in s 47(1)(a) or (b) of the Criminal Law Code. Accused denies the charge of Murder but admits to a lower charge of Culpable Homicide. More
Accused was charged with 4 counts under the Medicines and Allied Substances Control Act [Chapter 15:03] as follows:
Count One
Contravening s 55(3)(a) and (b) of the Medicines and Allied Substances Control Act [Chapter 15:03]. Dispense medicine without a licence, on an unlicenced premise in that on the 27th day of August 2020 and at Zvevatsunga Spar Juru, Michael Changunda unlawfully dispensed (sic) by selling various medicines listed on Annexure A on an unlicenced premise whilst he is not a holder of licence in terms of this Act.
Count Two
In that on the 27 day of August 2020 and... More
The proceedings in the above matter were placed before me on review together with an explanatory letter by the Trial Magistrate. In it he requests for a quashing of the proceedings and a trial de novo. I quote the learned magistrate’s letter which sets out the reasons for this request verbatim More
