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
You stand before us charged with murder as defined in section 47 (1) of the Criminal Law (Codification and Reform) Act, Chapter 9:23. You pleaded not guilty to murder but tendered a limited plea of guilty to culpable homicide which the state accepted.
The circumstances of this case are that you were married to the deceased. On 26 January 2022 you were at home when you had a misunderstanding over weeding of your maize field. The deceased then assaulted you with clenched fists. You then took a log from the fireplace and used it to assault the deceased several times... More
You appear before us on a charge of murder to which you pleaded not guilty. You tendered a plea of guilty to culpable homicide which the state accepted.
The statement of agreed facts, post-mortem report and the two pieces of a wooden plank were subsequently produced. The plank is what was used to assault the now deceased.
The statement of agreed facts revealed that on 10 August 2020 you were attending a working party with the now deceased. You had an argument over a cup of traditional beer which you were drinking. As a result you took a sharp edged... More
