The accused was charged with the crime of theft of Trust property as defined in s 113(2) of the Criminal Law (Codification & Reform) Act, [Chapter 9:23]. The details of the charge are that on 23 April 2021 at Gulf Complex Harare, the accused was in terms of a trust agreement between him and the complainant required to hold in trust on behalf of the complainant USD$1 900.00 for purposes of purchasing six television sets of varying sizes. The accused contrary to the agreement converted USD1 710.00 of the trust money to his own use thus failing to hand the... More
All the four accused are facing a charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform Act [Cap 9:23].
The charge is that on 4 January, 2021 at Wimpy Mining Site situate in the outskirts of Masvingo town each of the accused or all of them unlawfully caused the death of Rutendo Ndega by throwing her into a mine shaft intending to kill her or realizing that there was a real risk or possibility that their conduct might cause death and continued to engage in that conduct despite the risk of possibility. More
MAWADZE J: The concession by the state to a lesser charge of culpable homicide as defined in s 49 of the Criminal Law (Codification and Reform) Act [Cap 9:23] is understandable.
There was no eye witness to the tragic events leading to the now deceased’s demise. It is the accused himself who can possibly explain what exactly happened. The post mortem report is of no use as the now deceased was found in a state of advanced decomposition. The cause of death could not be ascertained. The available state witnesses cannot take the matter any further. More
Both accused 1 and accused 2 are father and son respectively. They were arraigned for murder as defined in s 47(i) of the Criminal Law (Codification and Reform) Act [Cap 9:23]. However they were convicted of the permissible verdict of contravening section s 49 of the Criminal Law (Codification and Reform) Act [Cap 9:23]. This was on the basis of a statement of agreed facts.
I am indebted and grateful to the well-researched and detailed submissions by both counsel for the accused persons in mitigation and state counsel in aggravation. This court cannot be less wiser after such meaningful submissions. More
The accused is charged with one count of murder and another count of attempted murder as respectively defined in s 47 and s 189 as read with s 47 of the Criminal law (Codification and Reform) Act [Chapter 9:23). The indictment in count 1 alleged that on 4 February, 2008 and at Makalanga Farm, Mazowe, the accused acting with intent to kill unlawfully shot the deceased Innocent Numwitike with a 303 rifle on the back andchest causing injuries which resulted in the shot victim’s death. In count 2 it is alleged that on the same date and place and using... More
This matter proceeded on a statement of agreed facts after the accused pleaded guilty to a lesser charge and permissible verdict of culpable homicide. That limited plea was accepted by Mr E. Mbavarira for the state. Further, the facts also show that the concession by the state is well made. A charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act cannot be sustained in the circumstances.
The 49 year old now deceased was an uncle to the 29 year old accused. They both resided in the same village being Chavani Village, Chief Neshuro,... More
The two accused persons were facing a charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform Act [Cap 9:23]. The charge being that accused 1 Taruziva Sithole (hereinafter accused 1) and accused 2 Shackmore Dube (hereinafter accused 2) both age 38 years and 28 years respectively and in Village 3, Wedza block, Chief Mazhetese, Mwenezi, Masvingo unlawfully caused the death of Irene Sithole (hereinafter Irene) a juvenile aged 7 years by assaulting her all over the body with switches intending to kill her or realising that their conduct may cause death and continued to... More
