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Indictment or Charge re: Charge Sheet, Framing of Charges, Essential Elements, Causation, Intention & Competent Verdict

SC59-19 : PROSECUTOR-GENERAL OF ZIMBABWE vs INTRATREK ZIMBABWE PL and WICKNELL CHIVAYO and L. NCUBE N.O.
Ruled By: PATEL JA

This is an application for leave to appeal to the Supreme Court in terms of section 44(6) of the High Court Act [Chapter 7:06].In particular, the applicant seeks leave to appeal against the decision of the High Court handed down on 20 March 2019 in Case No.11141/18 (as Judgment No. ...
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HH117-14 : LEE-WAVERLY JOHN vs THE STATE and RODGERS KACHAMBWA
Ruled By: MATANDA-MOYO J

The applicant sought a review of the second respondent's decision placing the applicant on his defence on the following grounds;“1. The irrationality or outrageousness of the 2nd respondent's decision of dismissing the Applicant's application for discharge at close of State case when the evidence led in court clearly show that ...
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HH145-13 : AFRICAN CONSOLIDATED RESOURCES (PRIVATE) LIMITED vs THE STATE
Ruled By: MUSAKWA J WITH ASSESSORS

Having been indicted on a charge of fraud, or, alternatively, contravening the Precious Stones Trade Act [Chapter 21:06] the accused applied to quash the charges on the basis that they do not disclose an offence.Having heard arguments from respective counsels I subsequently directed they file relevant authorities in support of ...
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CCC09-20 : TUNGAMIRAI NYENGERA vs THE STATE
Ruled By: MALABA CJ

This is a chamber application for leave to appeal to the Constitutional Court (“the Court”) against a decision of the Supreme Court (“the court a quo”) in terms of Rule 32(2) of the Constitutional Court Rules S.I.61 of 2016 (“the Rules”), as read with section 167(5)(b) of the Constitution of ...
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View Appeal SC71-21 : TUNGAMIRAI MADZOKERE and YVONE MUSARURWA and LAST MAENGAHAMA and PHINEAS NHATARIKWA vs THE STATE
Ruled By: GWAUNZA DCJ, MAKARAU JA and MAVANGIRA JA

This is an appeal against the judgment of the High Court sitting at Harare, handed down on 12 December 2016.In the judgment, the court a quo found the first three appellants guilty of murder and the fourth appellant guilty as an accessory after the fact, of public violence.The first three ...
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View Appeal HHH351-20 : THE SHERIFF OF ZIMBABWE and GURTA AG vs ANDERSON MANJA AND 98 OTHERS
Ruled By: CHIKOWERO J

I refer to two documents on litigation before I determine this matter.The first is a “handout” prepared for the 1995 University of Zimbabwe Faculty of Law final year students by Ms Sheilla Jarvis, the then Practical Skills Law Lecturer.In those days, lecturers often handed out notes in written form. The ...
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HB226-16 : ALPHONSUS ACHINULO vs W. MAPHIOS MOYO N.O. and THE STATE
Ruled By: MATHONSI J

A superior court should always be slow to intervene in unterminated proceedings of an inferior court and will ordinarily not sit in judgment over a matter that is before the court below except in very rare situations where a grave injustice would occur if the superior court does not intervene.Although ...
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HB05-15 : THE STATE vs ADRIAN MUCHAZIVEPI
Ruled By: MAKONESE J and TAKUVA J

This matter was referred to the National Prosecuting Authority in terms of section 54(2) of the Magistrates' Court Act [Chapter 7:10] with a request of either increased jurisdiction or referral to the High Court for sentence as provided for by section 225(b) of the Criminal Procedure and Evidence Act [Chapter ...
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HB22-15 : THE STATE vs FREDDY SAVANHU
Ruled By: KAMOCHA J

The 31 year old accused was charged with murdering his 19 year old girlfriend on 16 November 2013.It being alleged, that, on that day, he had a misunderstanding with her and struck her with a stone on the head close to the right ear intending to kill her or realizing ...
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Appealed SC62-21 : KIZITO MUTSURE vs THE STATE
Ruled By: MAVANGIRA JA, UCHENA JA and MAKONI JA

This is an appeal against the conviction and sentence of the appellant by the High Court on a charge of murder.The appellant was charged with murder as defined in section 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The allegation was that on 23 October 2011, at ...
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View Appeal HH458-18 : THE STATE vs KIZITO MUTSURE
Ruled By: CHITAPI J and ASSESSORS: BARWA and CHITSIGA

The accused is charged with the crime of murder as defined in section 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].The accused pleaded not guilty to the allegations, that, on 23 October, he unlawfully caused the death of Modester Chikaka by pouring paraffin over her body and ...
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View Appeal HH458-18 : THE STATE vs KIZITO MUTSURE
Ruled By: CHITAPI J and ASSESSORS: BARWA and CHITSIGA

Section 15 of the Criminal Law (Codification and Reform) Act defines “realisation of a real risk or possibility" as an element of a crime and section 17 sets out the test for the quoted phrase of the Criminal Law (Codification and Reform) Act.
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HH438-18 : TAFADZWA MAPFOCHE vs THE STATE
Ruled By: CHIRAWU-MUGOMBA J

The applicant was, on the 29th of September 2013, convicted by this court of murder in terms of section 47(1)(a) of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. He was sentenced to 25 years imprisonment.On 6 June 2018, he filed an application for condonation for late noting of ...
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SC84-21 : TAFADZWA MAPFOCHE vs THE STATE
Ruled By: GWAUNZA DCJ, MAKARAU JA and MAVANGIRA JA

Section 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] defines murder in the following terms:“47 Murder(1) Any person who causes the death of another person -(a) Intending to kill the other person; or(b) Realising that there is a real risk or possibility that his or her conduct ...
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HH966-15 : THE STATE vs GARIKAI CHIPENI
Ruled By: BHUNU J and ASSESSORS: MUSENGEZI and GONZO

Murder is a specific intent crime that may be reduced to non-specific lesser crimes, such as culpable homicide or assault, by provocation or some blameworthy conduct on the party of the deceased justifying the existence of a partial defence: see S v Tenganyika 1958 R N 228 FSC.
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HB35-15 : BENJAMIN MAFUSIRE vs THE STATE
Ruled By: MAKONESE J and TAKUVA J

The appellant was arraigned before a Zvishavane Magistrates Court on an alleged contravention of section 114(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23], that is to say, one count of stock theft.Following his tendering of a plea of guilty, the appellant was convicted by the trial court ...
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HB133-17 : THE STATE vs SAMSON PHIRI
Ruled By: MAKONESE J and MOYO J

The purpose of canvassing essential elements of an offence to an accused person, more particularly one who is unrepresented at trial, is for the court to satisfy itself that the accused person is tendering a genuine plea of guilt from an informed position of his liability at law.The accused appeared ...
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HB42-15 : THE STATE vs VIOLET MOYO
Ruled By: KAMOCHA J

The 22 years old female accused told the court, on arraignment, that she admitted causing the death of a 10 months old baby but did not intend to kill him.The allegation was that on 1 February 2013 and at House Number 13889 Cowdray Park, Bulawayo, she did wrongfully, unlawfully, and ...
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HB50-15 : MTHOKOZISI SIBANDA vs THE STATE
Ruled By: MOYO J

This is an application for bail pending trial.The applicant is facing a charge of rape in contravening of section 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The allegations are, that, on 6 December 2014, at around 2000 hours, and at House Number 155 Section 3, Collen ...
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HMT06-20 : BOTHWELL NYAMANDE vs THE STATE
Ruled By: MWAYERA J and MUZENDA J

On 14 August 2019, the appellant appeared before the Senior Magistrate sitting at Mutare facing a charge of Robbery as defined in section 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].The State alleged, that, on 13 August 2019, and at Kale Church Federation, Dangamvura, Mutare, the appellant ...
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HMT07-19 : STATE vs EVANS MUNOTUMAANI
Ruled By: MUZENDA J and MWAYERA J

On 12 January 2019, three accused Thabane Ngwazani, Evans Munotumaani and George Ndimani being Accused 1, 2 and 3 respectively appeared before the Provincial Magistrate sitting at Mutare facing stock theft charges as defined in section 114(2)(d) of the Criminal Law (Codification and Reform) Act [Chapter 9:23], where the State ...
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HMT10-19 : THE STATE vs LAMECK MANYANGA
Ruled By: MWAYERA J and ASSESSORS: CHAGONDA and SANA

Precious human life was unnecessarily lost in a horrific manner, in a domestic violence related crime of passion.The accused pleaded not guilty to a charge of murder as defined in section 47(1)(a) or (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].The allegations levelled against him being, that, ...
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HMT19-20 : THE STATE vs CLAYTON DEKAURENDO
Ruled By: MWAYERA J and ASSESSORS: RAJAH and MAGOROKOSHO

The accused pleaded guilty to two Counts of murder as defined in section 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (hereinafter referred as the Criminal Code).The State alleges, that, on 8 September 2018, and at Rori Village, Headman Samanga, Chief Mutasa, Honde Valley the accused person ...
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HMT30-19 : THE STATE vs JONES GUVHEYA
Ruled By: MUZENDA J and ASSESSORS: SANA and CHAGONDA

The accused was arraigned before us on a charge of murder and attempted murder as defined in section 47(1)(a) or (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].The State alleged, that, on 20 December 2017, and at Guvheya homestead, Nyatsanza Village, Chief Mutasa, the accused unlawfully caused ...
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HMT43-19 : THE STATE vs MICHAEL MUNAPO
Ruled By: MWAYERA J and ASSESSORS: MAGOROKOSHO and MAWONEKE

In this case, the accused pleaded not guilty to a charge of murder as defined in section 47(1)(a) or (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] in which it is alleged, that, on 11 September 2018, at Gumtree Shop, Chitakatira Village, Chief Zimunya, Mutare the accused, ...
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HMT44-19 : NDIKIYANA MUGADHUYI vs THE STATE
Ruled By: MWAYERA J and ASSESSORS: MUDZINGE and MAGOROKOSHO

The accused pleaded not guilty to a charge of murder as defined in section 47(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].It is the State's contention, that, on and at Canlebury Farm, Chief Mutasa, the accused unlawfully caused the death of Diana Sithole by assaulting her with ...
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HMT60-19 : THE STATE vs GEDION DHLIWAYO
Ruled By: MWAYERA J and ASSESSORS: MAGOROKOSHO and MUDZINGE

The accused pleaded not guilty to a charge of murder as defined in section 47(1)(a) or (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].It is alleged, that, on 1 February 2018, and at Plot Number 63 Nafaton Farm, Chipinge, the accused unlawfully caused the death of Nyashadzashe ...
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