The proceedings in this matter were adjourned following the accused’s conviction for a sexual offence, in accordance with s54 of the Magistrates’ Court Act [Chapter7:10]. During the pre-sentencing hearing stage, it was brought to the attention of the trial magistrate that the offender suffers from Human Immunodeficiency Virus (HIV), which causes a condition known as Acquired Immunodeficiency Syndrome whose acronym is AIDS. He was HIV positive at the time he committed the offence he now stands convicted of. Taking into account his own ordinary sentencing jurisdiction of 5 years imprisonment or alternatively a fine not exceeding level 10, and that... More
The 3 accused were arraigned on the charge of murder the now deceased Elliot Chingava. It is the state case that all the 3 accused turned on to the now deceased and assaulted him with fists, open hands and booted feet. It is said accused Simbarashe disarmed Courage of the log and used it to repeatedly strike the now deceased all over the body causing him to fall down after which all the 3 accused fled from the scene. The state alleges that one patron Victor Chinono attended to the now deceased and proceeded to his home. However, it is... More
The offenders together with two others who have since been acquitted were jointly charged with the crime of criminal abuse of duty as public officer as defined in s 174(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (“the Criminal Law Code”). More
The accused is facing a charge of murder as defined in s 47(1) of the Criminal Law Codification and Reform Act [Chapter 9:23] (The Criminal Law Code). It is alleged that on 17 May 2022 and at Chaira Village, Chief Musarurwa, Masasa in Chivhu, he murdered one Gibson Mawire by assaulting him several times all over his body and throwing him into a well. The accused pleaded not guilty to the charge. More
The 2 accused are charged with two counts of murder as defined in section 47(1) of the Criminal Law (Codification and Reform) Act, Chapter 9:23. They pleaded not guilty to both counts. The state alleges that on 28 January 2022 the two accused had a misunderstanding with the now 2 deceased, Nqaba and Kelvin Ndlovu. Accused 1 then produced a Colombia knife and stabbed deceased one on the back. The now deceased staggered and fell to the ground. Accused 2 stomped on his body whilst the now deceased lay on the ground bleeding. The two accused thereafter charged at deceased... More
The deceased Malunga aged twenty-seven years suffered one of the most vicious, atrocious and brutal deaths at the hands of the accused person and two of his accomplices now at large. His most pivotal vital organs the heart and the lungs were lacerated. More
The proceedings in this matter are not only marred by procedural irregularities but also involve issues of substantive law. This matter was referred to this court ostensibly for my views by the Gutu Resident Magistrate. This was after the accused was convicted of contravening section 189 as read with section 65 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] which is attempted rape. The accused had pleaded guilty to the charge and was duly convicted. However before sentence the Gutu Resident Magistrate, to her credit, had second thoughts on the propriety of the conviction and sought the... More
