The accused persons are charged with the crime of murder. The allegations against them are that at 7.30 pm of 30 March, 2023 and at the homestead of one Robert Maphosa, Tjewondo Village in Maphisa, Kezi, they assaulted Robert Maphosa and, in the process, killed or caused the death of, Robert Maphosa (“the deceased”). They allegedly struck the deceased once on the left side of his chin, once on the left ear, once on the back of his head and once on the right side of his head. More
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 23 September 2023 he unlawfully caused the death of Happy Ncube referred to as the deceased by stabbing him with an okapi knife once on the chest 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
: As will be seen below, the applicants were arrested at different times. They equally appeared for remand procedures in the Magistrates court separately. They however face the same charges. I heard their applications for bail separately and dismissed them. I gave my reasons ex tempore. On 8 January 2024, their counsel Mr Kavhumbura requested through the registrar of this court that I avail my full written reasons for those decisions in order for him to properly advise his clients. More
The argument which resulted in the death of Onisimo Mavhungire stemmed from a misunderstanding which the deceased had with a commercial sex worker at some beerhall in Chivhu. Ashton intervened. The insinuations are that young as he is, he also intended to hire the services of the same woman. She was a lot older than him. That the young man wanted to have sexual intercourse with someone approximating his mother’s age demonstrates the depth of love or more accurately, the bravery and possibly the depravity that today’s generation has. He and Kuda had been drinking. Most probably, they gathered Dutch-courage... More
Prosecution alleged in this murder trial, that the three accused persons Ashton Tadiwanashe Mandaza (first accused), Kudakwashe Machingauta (second accused and Taurai Dzvova (third accused) contravened s 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Code) in that on 17 May 2022 at Chivhu Location Shops, the accused persons each or all of them unlawfully and with intent to kill or realizing that there was a real risk or possibility that their conduct may cause death but continuing to engage in that conduct despite the realisation of the risk or possibility, caused the death of Tazvivinga... More
This matter was placed before the court at the instance of the scrutinizing regional magistrate. The offender was charged with two counts of theft as defined in s 113 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. In both counts it is being alleged that on two occasions he stole green vegetables from the complainant’s garden. The total value of the vegetables stolen is UD$130.00 and nothing was recovered. He pleaded guilty. In count 1 he was sentenced to six months imprisonment of which three months was suspended on the usual conditions of good behaviour. In count 2... More
This appeal against both conviction and sentence was not opposed by the State. Our finding is that the conviction must be upheld. The concession by the State was not properly made. The sentence is excessive in the circumstances and the appeal partially succeeds. The appellant was convicted after trial on a charge of theft of trust property as defined in s113 (2) (d) of the Criminal Law (Codification and Reform Act) [Chapter 9:23]. A sentence of 60 months imprisonment with 12 months conditionally suspended for 5 years and a further 42 months suspended on condition of restitution was imposed. Six... More
