Court Judgements
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This is a criminal appeal wherein the accused person was charged and convicted of contravening s185 (1) (b) of the Criminal Law (Codification and Reform Act [Chapter 9:23]. It is alleged that on the 20th of August 2022 whilst under prison officials’ custody, fetching firewood the accused unlawfully escaped from lawful custody. He disappeared into the nearby bush whilst in the company of his inmates and escaped. He was arrested on the same day at the nearby Shopping Centre. He was sentenced to 46 months, with 12 months wholly suspended for 5 years on condition of good behavior. He is... More
This matter proceeded as a stated case. The defence had brokered a limited plea which the State accepted. The plea bargaining reduced the charge of murder to culpable homicide. The court found the plea bargaining proper as the State did not have any eye witness to the offence. More
This is an automatic review matter brought in terms of s58 of the Magistrates Court Act, [Chapter 7:10] at the behest of the scrutinizing magistrate. There has been an apparent conflict in the interpretation of the concept of victim impact statement between the trial Magistrate and the scrutinizing magistrate. Both parties strongly maintain that their position is the most accurate even after exchanging notes. In view of those divergent views a brief over view on the concept is necessary. More
The two accused, Wallen Mupunga (hereinafter first accused) and Masimba Makoto (hereinafter second accused) pleaded not guilty to a charge of the murder of Tinotenda Mandiyanike (hereinafter the deceased). With them vehemently denying any connection to the unfortunate demise of the deceased they initiated a lengthy process of a trial which took the court in and out of a trial within a trial, before finally returning to the main trial. The protracted trial endured for several months, causing a considerable strain on all the parties involved. The conclusion of the trial brought a palpable sense of relief to all the... More
Godknows Tafadzwa Ringoziva (hereinafter referred to as the accused) appeared before us charged with the crime of murder as defined in Section 47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The state alleged that on 14 January 2023 and at Kanengoni Village, Chambare, Manyene under Chief Chinyoka in Featherstone, the accused person unlawfully and with intent to kill or realizing that there was a real risk or possibility that death might occur assaulted Mary Mubata (herein after referred to as the deceased) a nonagenarian aged ninety-three years (93) by kicking her all over the body and... More
The accused is appearing before this court charged with the crime of murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It being alleged that on 17 March 2023 he unlawfully caused the death of Vusumuzi Ngwenya referred to as deceased by stabbing him once on the chest and once on the buttock with an okapi knife intending to kill him or realising that there was a real risk or possibility that his conduct may cause the death of the deceased and continued to engage in that conduct despite the risk or possibility. More
The accused is appearing before this court charged with the crime of murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It being alleged that 23 September 2023 he unlawfully caused the death of Happy Ncube referred to as the deceased by stabbing him with an okapi knife once on the chest intending to kill him or realising that there was a real risk or possibility that his conduct may cause the death of the deceased and continued to engage in that conduct despite the risk or possibility. More
