Court Judgements
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The accused appeared before us on a charge of murder as defined in section 47 (1) of the Criminal Law (Codification and Reform) Act, Chapter 9:23. A plea of not guilty was entered although the accused admitted killing the now deceased. More
The accused appear before the court on a charge of murder as defined in section 47 (1) of the Criminal Law (Codification and Reform) Act, Chapter 9:23. The accused pleaded not guilty to the charge but tendered a plea of guilty to the lesser offence of culpable homicide. The state accepted the limited plea. More
The accused is appearing before this court charged with the crime of murder as defined in section 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It being alleged that on 2 May 2023 she unlawfully caused the death of an infant Gaundencia Maria Sibanda referred to as the deceased by sitting on top of her, intending to kill her or realising that there was a real risk or possibility that her conduct may cause the death of the deceased and continued to engage in that conduct despite the risk or possibility. More
The two cases under review, illustrate once again that the tribulation of minimum mandatory sentencing will for a long time to come remain an albatross on the necks of judicial officers. No amount of criticism or demonstration of the inefficacy of minimum mandatory sentences appears to deter legislatures from prescribing the nadir of punishments which judicial officers can impose on certain types of offenders and offences. Arguments against mandatory sentencing abound. More
The accused person Cliff Churu was arrested and arraigned for the murder of his colleague and house mate Richmore Gomo. A statement of agreed facts was tendered as the counsels from both sides had plea bargained for a lesser charge of culpable homicide. The court found it proper as firstly the State is dominus litus in the sense that if its evidence cannot sustain a conviction in the main charge a plea-bargaining route may be the best course of action. More
This is a matter involving a fight amongst small scale illegal gold panners over gold ore. Always common in these fights is the use of sharp knives with fatal consequences. What has emerged from this saga is that the accused and his friend Tauya Chitembetembe arrived at a gold hammermill at Glassgow Compound, Kadoma, on the 3rd of March 2022 to toast their gold ore. Upon arrival they found the deceased already processing his own gold ore in the company of several others. This area is housed within some building and divided by a thatched hedge. One side is where... More
Accused was subsequently arrested and brought before this court for the murder trial. The summarized facts are that the accused was seen by two of the State witnesses who attested orally in court arriving at Seaways Night Club, the scene of crime. The first witness Josephine Danken, the then bar tender testified that when the accused arrived at the joint in the early hours of the morning, he and his colleagues caused a pandemonium in the bar. They forcibly retrieved a US$5.00 note from the bar lady after demanding free beer from the patrons. They then started assaulting the other... More
