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
Before us is a shivering young boy perceptively, from his physical frame, aged between 15 and 17 years of age. The medical estimation report could not conclusively peg the teenager’s age. It estimated his age to be minus or plus 17 years. Shivering, not only from the novelty of the courtroom but because of his scanty apparel which comprises of khaki shorts, a sleeveless shirt and no jersey in the midst of the harshest winter month, June. He has been brought not from a juvenile detention centre but from an adult inmate holding facility. He is facing one count of... 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
The deceased James Jim died as a result of stab wounds inflicted upon him by the accused person on the 21st of July 2024. This is evidenced by the autopsy report filed of record disclosing the cause of death as haemothorax, collapsed lungs and stab wounds. Accused now appears before this court facing one count of murder as defined in s47 of the Criminal Law Code [Chapter 9:23]. Whilst admitting to fatally stabbing the deceased, the accused cites the defence of extreme provocation. More
The applicant was convicted with one count of stock theft and sentenced to 9 years imprisonment on 10 July 2023.
[2] He intends to note an appeal against sentence. He hit a brick wall once when he applied for condonation for late noting of an appeal and extension of time within which to appeal, the matter was struck off. He has filed this application and again it shall be struck off. The reasons boil down to lack of knowledge by the accused. This problem faces most inmates whether convicted or not. More
