Chesa for the State
MUREMBA J: The issue of granting bail to persons accused of robbery, particularly in cases of robbery involving the use of firearms, is a contentious and polarizing matter in this country. Robbery, committed in aggravating circumstances, is a heinous and violent crime. A significant increase in such robberies has, unfortunately been reported across the country. It is a crime that poses a grave threat to societal safety, fuelling widespread public calls for tougher measures, such as harsher penalties and denial of bail for those accused of it. Many people express outrage and frustration when bail is... More
1. The accused faces a charge of murder as defined in s 47(1) of the Criminal Law Code, alleged to have been committed against Christopher Samu, a 37-year-old man, on 3 August 2019 at Nherera Mine in Shamva. More
1.The accused was charged with and convicted of reckless driving as defined in Section 53(2) of the Road Traffic Act [Chapter 13:11] (the RTA). He pleaded guilty to the charge and was sentenced as follows:
“USD 450.00 IDP 4 months imprisonment. In addition, the accused is prohibited from driving all motor vehicles which fall under class 4 vehicles for a period of 6 months. Furthermore, the accused is ordered to surrender his d More
ENGWE J. Care must always be taken when prosecuting a corporation. There are various special provisions in the Criminal Procedure and Evidence Act, [Chapter 9:07] (“The CPEA”) and the Criminal Law (Codification and Reform) Act [Chapter 9:23] (“the criminal law code”) which regulate the matter in which a corporation is to be prosecuted, as d More
: The accused, who engaged in sexual intercourse with his 15-year-old stepdaughter, was acquitted of two charges of rape as defined under Section 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the CODE). Instead, he was convicted of the competent verdict of having sexual intercourse with a young person, in contravention of Section 70 of the CODE, on the basis that he enticed the complainant into engaging in consensual sexual intercourse with him. More
[1]This is an appeal against the whole judgment of the High Court, Commercial Law Division, (‘court a quo’) dated 4 October 2024 wherein it dismissed the appellant’s application for a declaratur. More
The applicant was arraigned before the first respondent on 8 August 2023 on charge on Frand as defined in s 136 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. Applicant pleaded not guilty and the matter proceeded to trial with the second respondent leading its evidence in a bid to prove its case. There after the second respondent closed its case and the applicant proceeded to apply for discharge in terms of s 198(3) of the Criminal Procedure and Evidence Act [Chapter 9:07] (The Act). The application was opposed by the second respondent. The first respondent made a... More
