Law Portal
Zimbabwe

Welcome To Law Portal

Welcome, Guest!
[Help?]

Physical Evidence re: Approach

HH116-09 : STATE vs WESLEY JOKONYA
Ruled By: KUDYA J and ASSESSORS: SHAVA and BARWA

Sergeant Marowa retrieved the big stone that caused the injury…,. The State failed to produce the weapon used to inflict the injury which caused the death of the deceased….,. While the weapon that caused the injury was not produced for us to determine whether subjective foresight of death could be attributed to the accused person, we are ...
More

HB32-09 : EUNICE MOYO vs THE STATE
Ruled By: CHEDA J and NDOU J

The appellant was convicted by a Zvishavane Magistrate of possessing 6.46 kilogrammes of dagga. She was sentenced to 36 months imprisonment of which 10 months was suspended for 5 years on the usual conditions of future good behavior.The salient facts of the matter are that the appellant's place of abode, ...
More

HB104-09 : THE STATE vs GIFT CHIKWEYA
Ruled By: CHEDA J

The State further produced a post-mortem, and an axe, as Exhibits 4 and 5, respectively...,.
More

HB105-09 : THE STATE vs LEO MATIBE
Ruled By: CHEDA J

The accused was arrested on..., leading to the recovery of a BSAP 170 CZ pistol, which is the same pistol that was used in the murder.
More

HB118-09 : THE STATE vs THULISANI NKALA
Ruled By: CHEDA J

The State then closed its case after producing the post-mortem report..., and the Okapi knife...,.
More

HH77-10 : THE STATE vs CHRISPEN CHIPURURA
Ruled By: MUSAKWA J and ASSESSORS: GONZO and SHENJE

The axe that was used by the accused belonged to Brenda Chaparira, and had been lying near the entrance.
More

HH79-10 : THE STATE vs ROY LESLIE BENNET
Ruled By: BHUNU J and ASSESSORS: MUSENGEZI

She could not identify the laptop in court with certainty as the one she had printed the emails from. All what she could say was that it was similar because she was not shown its serial numbers.
More

HH79-10 : THE STATE vs ROY LESLIE BENNET
Ruled By: BHUNU J and ASSESSORS: MUSENGEZI

5. Michael Peter Hitschmann's illegal possession of military weapons, ammunition and gadgets It is a proven, established fact that Michael Peter Hitschmann was found in possession of a huge arsenal of military weapons, ammunition, and gadgets. It is also common cause that he has been convicted of the illegal possession of the same. No ...
More

HH207-10 : STATE vs SIMON SAME MURUJU and LOAN BEANS
Ruled By: KUDYA J and ASSESSORS: TUTANI and MUTAMBIRA

On 25 July 2007 Father Sylvester Ibgo later identified some of the recovered property at the Criminal Investigation Department offices in Mutare. The viva voce testimony of Janet Chapungu did not associate any of the two accused persons with the carton of cooking oil and matemba that she received from her grandson Tendai Owen Chapungu ...
More

HB13-10 : HERBERT MAPURISA and ROBSON MAPURISA and TIMOTHY MACHEMEDZE and ADMIRE CHIHAMBAKWE vs THE STATE
Ruled By: NDOU J

A Toyota Hilux motor vehicle registration number 542-506E, used as a getaway car, was also recovered from one of the applicants. The pistols used in the alleged robbery were also recovered.
More

HB24-10 : GEORGE MAGOMBA vs THE STATE
Ruled By: CHEDA J and NDOU J

The State relied prominently on the identification of clothing. The attire was not produced.
More

HB50-10 : JUSTICE MATSIKA and TAKESURE MATONZI and TRYMORE MATONZI and TAWANDA MATONZI vs THE STATE
Ruled By: MATHONSI J

Another State witness, Trust Mapiye, testified to the effect that the hide of one of his beasts had been found at the scene where the applicants had loaded the meat onto Blessing Mutende's vehicle.
More

HB55-10 : THE STATE vs ANTONY NCUBE
Ruled By: CHEDA J and MATHONSI J

The possibility is that the trial court did not either see the dagga or did not properly apply its mind to the case, hence his inability to assess what two (2) twists look like.
More

HB60-10 : TATENDA MUTANDIRO vs THE STATE
Ruled By: CHEDA J

Upon their arrest, police recovered a sample dish and a sieve table.
More

HB85-10 : THE STATE vs MILOS MOYO
Ruled By: MATHONSI J

When a post mortem was conducted on his body on the 9th January 2007, the object lodged in the deceased's head was retrieved and it has been produced in court as exhibit 9.
More

HB88-10 : BEKEZELA LIZILE MOYO vs THE STATE
Ruled By: MATHONSI J

Indications made by the applicant and Bongani Sicelo Mbambo led to the recovery of some of the items stolen from the scene of the crime, that is, a cordless handset recovered at a bush in Selbourne Park along Cecil Avenue, Bulawayo. Bongani Sicelo Mbambo led the police to the recovery of a Mazda 323 ...
More

HH22-13 : ELDRICK ELVIS MAVHURA vs THE STATE
Ruled By: HUNGWE J and MAVANGIRA J

The fourth ground of appeal is that the trial magistrate erred in placing reliance on evidence about a bloodstained panty when no such panty was produced in evidence and there was no explanation as to what had become of it. It is noted, however, that the fifth ground of appeal, as crafted by the ...
More

View Appeal HH29-11 : STATE vs BIGKNOWS WAIROSI
Ruled By: UCHENA J and ASSESSORS: BARWE and GONZO

Exhibit 3, the stone, was produced, but its evidential value was challenged by the accused's counsel. Detective Sgt Nhari and Detective Cst Katsvere said they found it near the deceased's body and it had a patch of human hair on it. When it was produced in court, the patch of hair was no longer on it. ...
More

View Appeal HB08-13 : THE STATE vs NKANYEZI MOYO
Ruled By: KAMOCHA J

The fifth exhibit comprised of the broken axe handle and the axe itself. The handle was broken at the point where it goes into the axe. The axe itself is 15.5cm long. The blade is 9cm wide and weighs 1.055kg. The handle is 24.4 cm long weighing 0.47kg. The total weight of the axe ...
More

HB26-13 : THE STATE vs LUCIEL MOYO
Ruled By: MAKONESE J

The next exhibit tendered into evidence was a metal pipe weighing 0.808kg, 72cm long and 2.5cm in diameter.It is not in dispute that this is the metal pipe which was used to inflict fatal injuries upon the deceased.
More

HB27-13 : THE STATE vs STARBOY MASAVE
Ruled By: MAKONESE J

Exhibit 4 is the knife. It weighs 0.098kg, length is 23cm. The length of blade is 13.5cm. Its width, at the widest point, is 3cm. The knife is sharpened on both ends and it appears to be a homemade knife.
More

HB28-13 : THE STATE vs ANTONY ZVOUSHE
Ruled By: MAKONESE J

The police recovered the blood stained axe that same day.
More

HB30-13 : THE STATE vs WITNESS SIBANDA
Ruled By: MAKONESE J

The State…, produced, with the consent of the defence counsel, exhibit 3, being the half-brick used to attack the deceased. The brick weighed 1.176kg and was 13cm long and 9cm wide.
More

View Appeal HB31-13 : THE STATE vs EZRA MANENJI and SIMON TONGOONA
Ruled By: MAKONESE J

The State then produced, by consent of defence counsel, Exhibit 5, a home-made steel spear, weighing 0.630 kg, and with a length of 65cm, the blade being 30cm long. The width of the blade is 4cm at its widest point.The court noted that the spear is a very dangerous and lethal weapon which, under normal ...
More

HB73-13 : THE STATE vs SAYMORE MUSHINGA
Ruled By: CHEDA AJ and KAMOCHA J

20 kilogrammes of gold ore was recovered.
More

HB74-11 : THE STATE vs BUTHOLEZWE TSHUMA and WELCOME NCUBE and NOMORE PHIRI and GEE MOYO alias YENZANI MOYO alias GERALD TSHUMA
Ruled By: KAMOCHA J

Exhibit 6 was a spent cartridge which was found at the scene of the robbery by Constable Godfrey Muzungu shortly after the crime was committed. The spent cartridge bore similar characteristics to test cases fired from exhibit 10 the 9mm Z88 pistol serial number erased FB62/2009 which was recovered from Accused 3, Nomore Mehluli ...
More

HB182-13 : THE STATE vs CONRAD SIBANDA and FANUEL NOTSA DUBE and QUIET SIBANDA and MPILOKAMLIMU NCUBE
Ruled By: BERE J

The recovery of the knife following indications by Accused 2 further confirmed the participation of this particular accused in the commission of this offence.
More

View Appeal HB104-11 : THE STATE vs NORMAN SIBANDA
Ruled By: KAMOCHA J

The seventh exhibit was the log used by the accused to assault the deceased. Dimensions Length 113cm. Circumference at thicker end 16.5cm. Circumference at thinner end 11cm. Weight 985grams. The court observed that it was hard mopane tree log from a plate rake.
More

HB143-11 : THE STATE vs MTHABISI KHUMALO
Ruled By: KAMOCHA J

The last exhibit was the Okapi knife with which the accused stabbed the deceased. Its handle is 12.5cm with a 10cm long blade which was very sharp and had a very sharp tip. The knife is indeed a lethal weapon.
More

HB148-11 : THE STATE vs VASCO DA GAMA NGOLE
Ruled By: MATHONSI J

The axe of it is an ominous 1,412kg weapon which is 60cm in length.
More

HH293-14 : THE STATE vs OLAUSHEAS JOHN MAIMBA
Ruled By: MAWADZE J and TAGU J

Methulisi Dube, the complainant, disputed that the cellphone was recovered….,.The stolen item was not recovered hence the apparent lack of nexus with the accused.
More

HH296-14 : THE STATE vs SINSAMALA CHINSI
Ruled By: BHUNU J and ASSESSORS: MHANDU and MUSENGEZI

The lethal knife that the accused used to stab the deceased was produced in evidence by consent as an exhibit. It was photographed and scanned against a ruler….,.
More

HB18-14 : THE STATE vs JECONIA MOYO
Ruled By: KAMOCHA J

The sixth exhibit was the kitchen knife which the accused stabbed the deceased with. Its dimensions are as follows:- Length of handle - 9cm Length of blade - 16cm (like a spear) Total length - 25cm Weight - 0.145kg Width at its widest point - 2cm The court observed that it is a double edged knife with very sharp edges ...
More

HB52-14 : THE STATE vs MTHOKOZISI MASUKU
Ruled By: MOYO J

State counsel said the murder weapon has since been misplaced by the police.
More

HB110-14 : THE STATE vs AUSTIN NCUBE
Ruled By: MOYO J

The weapon itself, an okapi knife, was marked Exhibit V. It is 23,5cm in total length. The blade is 12cm, the sharp edge is 0,065kgs and its weight was given as 0,065kgs.
More

Appealed SC20-15 : BIGKNOWS WAIROSI vs THE STATE
Ruled By: ZIYAMBI JA, GOWORA JA and MAVANGIRA AJA

As for the missing hair, the police witnesses conceded that the manner in which the stone had been stored was probably not the best. It is however worth noting that the trial took place more than two years after the murder. The evidence from Detective Sergeant Nhari was that the hair ...
More

HMA02-17 : THE STATE vs NICHOLAS MUTENDERA
Ruled By: MAWADZE J and ASSESSORS: MUSHUKU and MUTOMBA

Exhibit 3 is the stone which the accused used to assault the now deceased. It weighs 1,99 kgs.
More

HMA23-17 : THE STATE vs TORESAI GAMBIZA
Ruled By: MAWADZE J and ASSESSORS: MUSHUKU and GWERU

The State produced two switches, Exhibit 2(a), a very thin switch 61cm long, and, Exhibit 2(b), a thicker switch 144cm long. The State alleges that both these switches were used to assault the now deceased. Our brief comment is that it is unlikely that Exhibit 2(a), the thinner switch, could have fatally injured ...
More

HB124-16 : THE STATE vs INNOCENT GWEBU
Ruled By: MATHONSI J

In the present case…, there is no evidence that has been led pointing to the accused as having fired the shots that killed the deceased. Counsel for the State submitted that such evidence exists in the form of the testimony of Detective Sibanda who says that he observed Northstar tennis prints at the scene and similar ...
More

HB165-16 : THE STATE vs MUNYARADZI MATUKE
Ruled By: MOYO J

The log that was allegedly used in the commission of the offence was tendered and marked Exhibit 3.
More

HH149-15 : THE STATE vs CLEVER CHISAHWIRA
Ruled By: MAWADZE J and ASSESSORS: GWEME and MHANDU

Assistant Inspector Andrew Makovera said two sticks allegedly used in the assault were handed over to him by the neighbourhood watch committee members and taken as exhibits. He was unable to produce them as they could not be located at the High Court (maybe because this is an old case).
More

HMA08-18 : THE STATE vs SIKHALA ZHOU
Ruled By: MAWADZE J and ASSESSORS: GWERU and MUSHUKU

The axe the accused used was produced as Exhibit 2(a). The certificate of weight Exhibit 2(b) shows its weight as 1,03kg, its length is 73.5cm, being the handle, and the blade is 14cm. All we noted about the axe is that is a lethal weapon which, if used, can inflict fatal injuries.
More

HMA10-18 : THE STATE vs BERNARD MAKUCHETE and RABSON MAKUCHETE
Ruled By: MAFUSIRE J and ASSESSORS: MUSHUKU and DHAURAMANZI

The gist of Rashweth Mutaki's summary of evidence…, was that he had arrested all the accused persons from their hiding place in a village under another chief…., They had admitted that the murder weapons belonged to them….,. None of the murder weapons was produced. Counsel for the State said all three accused had once been tried in the Regional ...
More

Appealed HH523-16 : THE STATE vs TUNGAMIRAI MADZOKERE and YVONNE MUSARURWA and LAST MAYENGEHAMA and LAZARUS MAYENGEHAMA and PHENEAS NHATARIKWA and EDWIN MUINGIRI and PAUL NGANEROPA
Ruled By: BHUNU J and ASSESSORS: MUSENGEZI and MHANDU

Some incriminating MDC-T, t/shirts, though not produced in court on account of having been misplaced, were allegedly recovered during investigations.
More

HMA15-18 : THE STATE vs CHIMANGAIDZO NDOU
Ruled By: MAWADZE J and ASSESSORS: MUTOMBA and MUSHUKU

As per Exhibit 3 the hoe handle in issue is 80cm long, the weight is 837g and the diameter is 7cm.
More

HMA16-18 : THE STATE vs AITWITNESS MAPURISA
Ruled By: MAWADZE J and ASSESSORS: GWERU and DAURAMANZI

Exhibit 2 is the knife which the accused stabbed the now deceased with. We noted that it is a rather unique knife, probably a hunting knife. Its blade has a cutting edge on one side and rugged or grooved edge on the other. The handle is 14cm long, the blade is 11cm long and ...
More

HMA27-18 : THE STATE vs FREDRICK CHAFADZA
Ruled By: MAFUSIRE J and ASSESSORS: GWERU and MUSHUKU

The wooden log was produced in court. It was 2.32 metres long. It weighed 3.565 kilogrammes.
More

HMA29-18 : THE STATE vs WIKLOVE VURAYAI and MUNYARADZI VURAYAI
Ruled By: MAWADZE J and ASSESSORS: MUTOMBA and NISH

During the course of the trial, two iron bars, Exhibit 1, which is 1-metre-long and weighs 2.809kg and Exhibit 2, which is 1,95m long and weighing 5.045kg, were produced by consent. These implements are used for illegally gold panning and the State alleges they are part of the arsenal the accused persons used to attack ...
More

View Appeal HB366-17 : THE STATE vs WONDER MUNSAKA
Ruled By: MOYO J

The axe that was allegedly used in the commission of the offence was also tendered and duly marked.
More

HMA53-18 : THE STATE vs JULIUS DABETI
Ruled By: MAWADZE J and ASSESSORS: DAURAMANZI and MUTOMBA

Exhibit 3(b) is the certificate of weight relating to the okapi knife….,. As per exhibit 3(b), the okapi knife weighs 0.055kg, its length is 24cm and the blade is 11cm. Indeed, an okapi knife is a lethal weapon if used to attack another person - especially in relation to the vulnerable part of the human anatomy.
More

Back Main menu

Categories

Back to top