The accused was convicted of murder in contravention of s47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The accused and the deceased were once married and had separated. From their union they had one child. The deceased was the custodian parent of the child. The offence was committed during one of the accused’s visits to the deceased to give her provisions for the upkeep of the child. This is what the accused told the court. More
This review judgment addresses the case of the State versus Anesu Bhobho, convicted under s 70(1)(a) of the Criminal Law Codification and Reform Act [Chapter 9:23], which pertains to the offense of having sexual intercourse with a young person. The Magistrates Court, on 10 February 2025, sentenced the offender to 24 months of imprisonment with 12 months suspended leaving an effective jail term of 12 months. The reasons given for opting for a custodial sentence were cursorily captured as follows; “However owing to the seriousness of the offence and its prevalence the court will settle for a custodial sentence as... More
This is a stated case whereupon the defence and the State counsels plea bargained from murder to the competent verdict of culpable homicide. This is after the State discovered that the evidence from its two eye witnesses is contradictory, each supporting either side. The facts as summarized in the statement of agreed facts are that the accused who was then employed as an armed security guard stationed at Oliander Mine, Chakari shot and killed the deceased on point blank on the right side of the head. The deceased Prince Mutimukulu an occasional employee of the same company died instantly on... More
It is now trite that a trial within a trial is a condition precedent to the production of an unconfirmed statement in criminal proceedings. Where the only evidence before a court is the statement made by the accused and the statement is objectionable, then the court has no option but to acquit the accused. In this case, despite the appellant’s defence outline wherein the appellants alleged that they were assaulted and forced to make indications. Despite that, the Court a quo accepted the statements and convicted the appellants based on the indications. This was a misdirection that vitiates the proceedings.... More
The accused were charged with the crime of fraud as defined in S 136(a) and ((b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Criminal Law Code). The charge reads:
“On a date to the Prosecution unknown but during the period extending from 1 October 2022 to 28 February 2023 and at CMED (Pvt) Ltd Head Office Corner Herbert Chitepo/Rekayi Tangwena, Belvedere, Harare, the accused persons Hugh Tinashe Sibanda and Centenary Tobacco (Private) Limited a body corporate established in terms of the laws of Zimbabwe or one or both of them unlawfully made a misrepresentation to CMED... More
The two above named applicants are first and second accused persons in a criminal trial before me and two assessors on a charge of fraud as defined in s136 of the Criminal law (Codification and Reform) Act [Chapter 9.23]. The fraud charge emanates from the alleged use, by Blackdeck Livestock & Poultry (Pvt) Ltd (Blackdeck), of falsified documents as supporting documents, in a bid to secure a tender to supply 500 000 goats to the Ministry of Agriculture, Water, Fisheries and Rural Development for a Presidential Empowerment Scheme. The allegedly falsified documents, allegedly submitted with the bid for the purposes... More
Apart from remedying the court a quo`s misdirection, this judgment restates three basic matters. Firstly, the procedure to follow in taking a plea of guilty in the magistrates` court in terms of sections 271 (2) (b) of the Criminal Procedure and Evidence Act [ Chapter 9:07] (“the CPE Act”). More
