The accused, Mr Macdonald Urayayi, is appearing before this court charged with the crime of murder as defined in section 47(1) of the Criminal Law (Codification and Reform) Act Chapter 9:23 (Criminal Code). It being alleged that on 25 September 2021 the accused unlawfully caused the death of Sharon Nyoni (deceased) by stabbing her on the chest with a knife intending to kill her or realising that there was a real risk or possibility that his conduct may cause the death of the deceased and continued to engage in that conduct despite the risk or possibility. More
The accused is appearing before this court charged with the crime of murder as defined in section 47 of the Criminal Law (Codification and Reform) Act Chapter 9:23. It is alleged that on 30 May 2014 the accused unlawfully caused the death of Brian Moyo (deceased) by striking him with a log on the head intending to kill him or realising that there is a real risk or possibility that his conduct may cause the death of the deceased and continued to engage in that conduct despite the risk or possibility. More
This matter was placed before me on automatic review. The accused was charged with the crime of having sexual intercourse with a young person as defined in s 70(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (Criminal Law Code). Section 70 of the Criminal Law Code makes it a crime for anyone to have extra-marital sexual intercourse with a young person or to commit indecent acts with a young person. In this case it was alleged that the accused had unlawful extra marital sexual intercourse once with the complainant a girl under the age of sixteen. According... More
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
