] This is a review at the instance of the presiding regional magistrate. The offender was charged with the crime of rape as defined in s 65 as read with s 64 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (Criminal Code). It being alleged that on 23 August 2022 the offender unlawfully and knowingly had sexual intercourse once with the complainant, a female juvenile aged 6 years who at law is deemed incapable of consenting to sexual intercourse. More
The accused appear before the court on a charge of murder as defined in section 47 (1) of the Criminal Law (Codification and Reform) Act, Chapter 9:23. The accused pleaded not guilty to the charge but tendered a plea of guilty to the lesser offence of culpable homicide. The state accepted the limited plea. 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 2 May 2023 she unlawfully caused the death of an infant Gaundencia Maria Sibanda referred to as the deceased by sitting on top of her, intending to kill her or realising that there was a real risk or possibility that her conduct may cause the death of the deceased and continued to engage in that conduct despite the risk or possibility. More
The two cases under review, illustrate once again that the tribulation of minimum mandatory sentencing will for a long time to come remain an albatross on the necks of judicial officers. No amount of criticism or demonstration of the inefficacy of minimum mandatory sentences appears to deter legislatures from prescribing the nadir of punishments which judicial officers can impose on certain types of offenders and offences. Arguments against mandatory sentencing abound. More
The accused person Cliff Churu was arrested and arraigned for the murder of his colleague and house mate Richmore Gomo. A statement of agreed facts was tendered as the counsels from both sides had plea bargained for a lesser charge of culpable homicide. The court found it proper as firstly the State is dominus litus in the sense that if its evidence cannot sustain a conviction in the main charge a plea-bargaining route may be the best course of action. More
A fourteen-year-old boy was sentenced to an effective 5-year imprisonment term. He had been convicted of rape in terms of section 64 (1) as read with section 65 (1) of the Criminal Law Codification and Reform Act [Chapter 9:23]. It is alleged that he had raped a minor girl aged four years at the time of the commission of the offence. The minor had visited the accused’s room looking for her friend. Reportedly, accused took advantage of the child, dragged and placed her on a sofa and committed some indecent acts through her anal organ, before raping her. More
This is a family tragedy of epic proportions. A father who died at the hands of his two eldest sons who on their part are likely to spend the rest of their more productive ages in prison. More
