Clayton Mabasa Hunda, (hereinafter called “the accused”) appeared before us charged with the crime of murder in contravention of s 47(1), of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The allegations against him are that on 8 November 2021 and at 34 Rolf Avenue, Harare he unlawfully and with the intent to kill or realizing that there was a real risk or possibility that such conduct may cause death but continuing to engage in such conduct despite the risk assaulted Janet Pongolani (hereinafter “the deceased”) several times all over the body with open hands and fists. The deceased... More
The accused faces a charge of murder it being alleged that on the 1st of March 2022, and at his own homestead Halale village, Matobo the accused struck Langton Ngwenya once with an axe on the center of the head and thereby causing his death. The accused pleaded Not Guilty by reason of insanity. The state accepted the plea and together they drew a statement of agreed facts which was tendered into the court record and marked Exhibit 1. More
: “I will beat you until you are healed of your epilepsy!” Those words were the crude statement that the deceased told the accused who indeed is an epilepsy patient. It is not always easy to achieve emotional distance in the face of such extreme provocation. Whether he was under the influence of illicit alcohol or some other substance the provocateur who became the deceased in this murder used unrestrained language to mock the accused. He got killed in the end.
The prosecution alleged that on 30 January 2022 at Gazaland Shopping centre, in Harare, Cleopas Kumire (the accused) unlawfully... More
Like nocturnal predators the accused and his fugitive colleague are alleged to have attacked the deceased under the cover of darkness. The deceased was asleep with his wife possibly at his weakest and most vulnerable. More
Some two years ago, specifically on 26 March 2021 I dismissed applicant’s application for bail pending trial. I gave detailed reasons albeit ex-tempore.
On 8 June 2023 I received a letter from Mr Mudisi, counsel for applicant requesting written reasons for dismissing the application for bail pending trial. I now proceed to give the written reasons. More
On 27th day of June 2021, at approximately 1750 hours the accused was driving a privately owned motor vehicle namely a Toyota Hiace registration ADS 2863 along Masiyephambili drive due east with two passengers on board. The pedestrian Japhet Phiri was crossing Masiyephambili drive due north. At some point near Bellevue shops the accused person who was travelling at an excessive speed in the circumstances, hit the pedestrian who sustained fatal head injuries and died on the spot. More
After the accused’s conviction, we adjourned the trial in order to afford the prosecutor and counsel for the accused time to prepare their submissions in aggravation and mitigation respectively. They both did. The Court is indebted to both of them for their assistance. The submissions however illustrate that there still exists a worrying lack of appreciation of the sentencing regime and the attendant sentencing principles which must inform the punishment of an accused convicted of murder. The court finds itself constrained to once again restate the elementary principles which have been emphasised in a long line of authorities in the... More
