This matter was placed before me on automatic review in terms of s 57 of the Magistrate’s Court Act [Chapter 7:10]. The offender, a 15-year-old juvenile was arraigned before the Magistrates Court sitting at Kezi facing four counts. In count 1 he was charged with the crime of theft as defined in s 113(1) of the Criminal Law (Codification and Reform) Act [Chapter 09:23] (“Criminal Law Code”) it being alleged that on 5 February 2024, at around 0100 hours extending to 0600 hours at Minda High School Cottages, he unlawfully and intentionally took one red and black bicycle. More
This matter was placed before me for trial in the criminal court. The accused is facing two counts, viz murder and attempted murder. The trial was set down for today 20 February 2024. On 19 February 2024 State counsel and defence counsel sought audience with me in my chambers. Counsel brought it to my attention that on 20 May 2022 I presided over a criminal matter involving this accused and a co-accused who is not part of this trial. I was shown a copy of the judgment in The State v Kholisani Nyathi & Anor HB 138/22. I perused the... More
The six accused persons appeared before the court facing one count of murder in contravention of s 47 (1) of the Criminal Code. The state alleged that on the 25th of July 2020 the accused persons with common purpose assaulted the deceased indiscriminately with logs, open hands and clenched fists leading to his death. They suspected the deceased to have stolen the 1st and 4th accused’s cattle. They then dragged him to their vehicles and took him to Nyabira Police Station. The deceased later died of injuries. More
The accused, Mr Simon Gamha appeared before the Magistrates Court and this court as a representative of a company called Silver Bern International (Private) Limited. The accused appeared before the lower court and this court in terms of s 385(3) of the Criminal Procedure and Evidence Act [Chapter 9:07], which provides that in any criminal proceedings against a corporate body, a director or employee shall be cited and be dealt with as if he were the person accused of having committed the offence in question. More
The accused, Mr Thokozani Ncube, 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] (hereinafter referred to as the “Criminal Law Code”). It being alleged that on 2 December 2021 at approximately 0000 hours at Lyn 24 Mine Filabusi, the accused unlawfully caused the death of Martin Sibanda (hereinafter referred to as the “deceased” or “Martin” as the context will permit) by shooting him with a shotgun on the right thigh intending to kill him or realising that there is a real risk... More
The above matters were heard by different magistrates at Epworth Magistrates Court. A worrying pattern runs across all of them. The problems in all of them relate to the imposition of the sentence of community service. They include the key considerations which must be taken into account, the procedural prerequisites, the calculation of community service hours and the period within which the offender should perform it. The records were referred to this court on automatic review. As a result, I have decided to address the three matters in a composite review judgment. More
[1] The accused is appearing before this court charged with the crime of murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It being alleged that on 12 July 2023 he unlawfully caused the death of Confidence Ndlovu referred to as deceased by stabbing him once on the chest with a knife intending to kill him 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
