On the 6th of October, 2023 at Angwa Unit 6, Mombeshora Village, Makonde, the deceased, James Mudyarima, died of several head injuries inclusive of multiple skull fractures, as revealed by the autopsy report filed of record by consent. Accused one and two are blood brothers and next-door neighbours to the deceased, were arrested in connection with the killing. They were charged with murder in terms of section 47(1) of the Criminal Law Codification and Reform Act, [Chapter 9:23]. More
The accused persons are charged with murder as defined in Section 47 of the Criminal Law (Codification and Reform) Act, (Chapter 9.23) (“the Act”). The allegations against them are that, at about 11 am of 12 December, 2021 and at Umzingwane River, Carmen Farm, in Esigodini, they unlawfully caused the death of one Lawrence Khumalo, the deceased, whom they assaulted with stones and wooden sticks at the back of his head. The allegations are, further, that, when they assaulted the deceased in the manner described, their intention was to kill the deceased or that they realized the existence of a... 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 being alleged that on 21 February 2023 the accused caused the death of Andile Nkomo hereinafter called the deceased by strangling her on the neck with his hands, biting her on the face several times 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
This record of proceedings came before me on automatic review in terms of s 57 of the Magistrates Court Act [Chapter 7:10].
At his trial, the accused who was charged with the offence of assault as defined in s 89(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Code) pleaded guilty to that crime. However, at the time that the trial magistrate was explaining the essential elements of the offence to him, it turned out that the accused’s explanation for the commission of the crime was that he was intoxicated at the time that he committed the... More
[2] The accused was convicted on a charge of negligent driving in contravention of section 52 (2) of the Road Traffic Act [Chapter 13:11]. He had been initially charged with reckless driving in contravention of s 53(2) of the same Act. The scrutinizing regional magistrate’s view was that the accused’s conviction was improper, and that the consequent sentence meted out by the trial magistrate was ‘disturbingly inappropriate’. More
These 3 matters have been dealt with in one judgment as they raise the same issue. They were placed before me on automatic review in terms of section 57 of the Magistrates Court Act, Chapter 7:10 More
After losing some obscure musical instrument(s) described in the papers only as a speaker at his home in Chitungwiza, the offender Owen Katsande teamed up with his friends who were named during the proceedings but were not before the court. They rounded up a number of people on suspicion of having stolen the instrument(s) in question. All of their suspects were taken to Owen’s house which they had turned into a torture chamber. The offender and his goons finally cornered the deceased Robert Nyatsine who was the offender’s nephew. They pinned the theft on him and fatally assaulted him. In... More
