Court Judgements
In this case the state is seeking the impeachment of its main witness, one Michael Peter Hitschman in terms of section 316 of the criminal Procedure and evidence Act [Cap 9:07] on the grounds that the witness has materially departed from his previous statements. More
We decided to proceed with this judgment without the benefit of counsel for accused’s written closing submissions. This so because counsel had promised to file written submissions by 20 December 2017. This matter has been outstanding for a long time. The accused is alleged to have caused the death of his father Sikhala Zhou who is his namesake by striking him with an axe several times on the head and neck on 6 November 2016 in contravention of s 47 (1) of the Criminal Law Codification and Reform, Act) [Chapter 9:23]. More
The escalation of domestic violence cases remains cause for concern. The brouhaha which resulted in the tragic death of the Tineyi Mamvura (the deceased) was a direct consequence of domestic violence. Takudzwa Timothy Hazvirambwi stands accused of killing his best friend. The allegations are that on 2 May 2022 at No. 1220 Makomo Extension in Epworth the accused unlawfully and with intent to kill or realising that there was a real risk or possibility that his conduct could lead to death and continuing to engage in that conduct despite the risk or possibility assaulted the deceased with fists and strangled... More
The proceedings in this matter were referred by the scrutinising regional magistrate for review by a judge of this court in terms of s 58 of the Magistrates Court Act, [Chapter 7:10]. The scrutinizing regional magistrate was in doubt on whether the proceedings were in accordance with real and substantial justice when he scrutinized them. The scrutinizing regional magistrate raised two issues one of which was resolved in circumstances of a suspicion raised on the integrity of the learned trial magistrate More
The records of proceedings of these 7 cases were placed before me for review in terms of section 29 (4) of the High Court Act [Cap 7:06]. The sentence imposed in each case is not subject to automatic scrutiny or review. The Provincial Magistrate Mutare, picked them up during Criminal Record Book checks. The sentences imposed follow a disturbing pattern. A uniform sentence was imposed for cases whose circumstances, seriousness, mitigatory and aggravatory factors vary so greatly that it is inconceivable that they could be punishable by the imposition of the same sentence. More
The accused persons are charged with murder of a policeman in the course of duty on 29 May 2011.
This has been a protracted trial fraught with applications and counter applications. The state has now applied for a two week postponement of the trial to facilitate the calling of an expert witness, a foreign doctor who conducted the post-mortem on the remains of the deceased. There are certain protocols and procedures that have to be fulfilled before the foreign doctor can testify before our local courts.The long and short of it all is that he can only testify with the... More
The accused persons stand charged with murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Cap. 9:23]. In the alternative or concurrently they are charged with public violence as defined in s 36 of the Act. This seemingly unending marathon trial has now entered the home stretch to the relief of everyone concerned following the closure of the state case. More
