Court Judgements
High Court of Bulawayo Judgements
The state alleges that at around 2030 hours on 1st November 2016 the accused and the now deceased were drinking beer at Lifa Investments Bar at Mambowa Business Centre Shurugwi. They had a misunderstanding which nearly degenerated into a fight but they were restrained. The deceased subsequently left the bar and the accused borrowed a knife from one Lawrence Munyuki and also went outside. She then used that knife to stab the deceased once on the left side of the neck and once on the left rib cage before running back into the bar and throwing the knife back to... More
The accused is a member of the Zimbabwe Defence Forces. In the early hours of the morning of 1st February 2018 around 0300 hours the accused arrived at house number 1604 New Magwegwe, Bulawayo. He was clad in full military combat gear and was armed with an AK 47 assault rifle with 20 rounds of ammunition. The occupants of the house were awoken by heavy knocks at the back door. The accused demanded that they open the door. He cocked his weapon. The deceased Ashley Phiri asked what the accused wanted at that hour of the morning. The door was... More
The accused was arraigned before this Court on 11 June 2020 on a charge of murder as defined in section 47 of the Criminal law [Codification and Reform] Act Chapter 9:23. It being alleged that on the 22nd May 2019, and at an unknown place, the accused person assaulted Sisasenkosi Sibanda with open hands, clenched fists, waist leather belt and an unknown instrument on the head and all over the body intending to kill Sisasenkosi Sibanda or realising that there is a risk or possibility that his conduct may cause the death of Sisasenkosi Sibanda, he continued to engage in... More
The 70 year old accused appeared in this court facing a charge ofmurder in contravention of section 47 (1) (a) of the Criminal Law Codification and Reform Act (Chapter 9:23). The state alleges that on the 28th of March 2018 and at Block 66/2038 Mpopoma, Bulawayo, the accused struck Denis Frank Sibanda all over his body with a plank several times intending to cause his death or realising that his conduct may cause the death of the deceased. The accused pleads not guilty to the charge ad tenders a plea of guilty with respect to the lessor offence of culpable... More
The position is now fairly well established in our law that in cases involving multiple counts, the correct approach in sentencing is to treat all counts as one for the purpose of sentence or alternatively when a globular sentence cannot be imposed the court may take each count singly so that the seriousness of the offence is reflected. Where the offences are factually connected in relation to time, but the essential elements are dissimilar, the court must then take each count separately for the purpose of sentence. More
