At the end of a criminal trial the court makes up its mind as to whether the State has proved its case against the accused beyond reasonable doubt and that is what is normally contained in a judgment (See G Feltoe’s Magistrates’ Handbook Revised Edition 2021 at p 345). This implies a reasoned judgment. In this case, however, we acquitted the accused persons when, after a protracted trial when the Prosecutor General threw in the towel and exercised his prerogative to stop the prosecution in terms s 8(2) of the Criminal Procedure and Evidence Act [Chapter 9.07]. We gave our... More
1. The accused person is charged with the crime of murder as defined in s 47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It being alleged that on the 31st April 2021 at Fanyana Moyo’s Homestead, Newline Village, Brunapeng Area, Mpoengs, the accused unlawfully caused the death of Jonathan Moyo (deceased) by stabbing him on the side of the neck and on the shoulder with a knife, intending to kill him or realising that there was a real risk that his conduct might cause his death. More
1. This court (per KAMOCHA J) on 13 September 2013 convicted the accused of the crime of murder with actual intent to kill. The court found that there were no extenuating circumstances and passed a sentence of death. The accused appealled to the Supreme Court against both conviction and sentence. After hearing the appeal the Supreme Court (Dube v The State SC 57/2016) ordered as follows: More
The accused was charged together with three other co - accused persons of one count of murder in contravention of s47 (1) of the Criminal Code. The State alleged that on the 2nd of November 2020 the accused acting in common purpose with his three co accused persons assaulted one Charles Cherachera with knobkerries, logs and clenched fists leading to his death. The accused denied the offence. More
Accused faces a charge of murder in that on the 27th of November 2021 at Pasimupindu Co-operative in Shurugwi, he unlawfully caused the death of Dingilizwe Dzingai by striking him with a wooden axe handle once on the head. Accused denied the charge tendered a limited plea of guilty to a charge of culpable homicide. The parties drew a statement of general facts, it was tendered and marked exhibit 1. More
The late conclusion of the trial in this matter resulted from the indisposition of one of the members of the court being assessor Mr Musengezi. The accused has after being notified of the continued indisposition of the assessor agreed that the trial proceeds with one assessor, Mr Mhandu. This procedure is provided for in s 8 of the High Court Act [Chapter 7:06]. It is recorded that at the time that the assessor Mr Musengezi became undisposed, the case was at judgment stage. This is the judgment of the two-member court. More
The accused is charged with murder as defined in section 47 of the Criminal Law (Codification and Reform) Act, Chapter 9:23. He pleaded not guilty. More
