Sentencing re: Forestry Violations

HH57-13 : THE STATE vs JULIET CHIKANDIWA and XAVIER MUWALO and JOHN KUTSIRA and MURANGANWA ZINYANA and OTHERS
Ruled By: MATHONSI J and MAWADZE J

They were each sentenced to 15 months imprisonment of which 5 months imprisonment was suspended for 5 years on condition of future good behaviour. The remaining 10 months imprisonment was suspended on condition they complete 350 hours of community service at Budiriro, Featherstone, and Wilkins Police stations.

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Accessory, Accomplice, Common Purpose, Conspiracy to Commit, Co-perpetrators and Complicity re: Approach
Accessory, Accomplice, Common Purpose, Conspiracy to Commit, Co-perpetrators and Complicity re: Guilt By Association
Arson
Assault re: Assaulting a Peace Officer, Police Officers, Prison Officers, Members of the Army and Security Personnel
Assault re: Common Assault and Assault With Intent To Cause Grievous Bodily Harm
Attempting to Commit or Incitement to Commit an Offence & the Element of Realisation of a Real Risk or Possibility
Aviation Violations
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- Bail re: Murder
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- Bail re: Murder iro Murder of Law Enforcement Officers
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- Bail re: Official Secrets and the Unlawful Communication of Official Information
- Bail re: Parks and Wildlife Management
- Bail re: Public Order and Security
- Bail re: Public Violence
- Bail re: Publishing or Communicating False Statements Prejudicial to the State
- Bail re: Refugees, Foreign Nationals or Peregrinus
- Bail re: Robbery, Armed Robbery, Robbery Committed in Aggravating Circumstances and the Doctrine of Recent Possession
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Banking Violations
Bribery, Corruption and Corruptly Concealing a Transaction from a Principal
Broadcasting and Media Law
Causing Disaffection among the Police Force or Defence Force
Censorship and Entertainment Control
Children Violations
Circumstantial Offenders
Copyright and Trademarks Law
Criminal Abuse of Duty as a Public Officer and Criminal Negligence
Criminal Defamation re: Publishing or Communicating False Statements Prejudicial to the State
Criminal Defamation, Criminal Insult, Scandalising the Court & Undermining the Authority of or Insulting the President
Criminal Law re: Foundation and Application of the Criminal Law (Codification and Reform) Act & Criminal Justice System
Criminal Procedure
- Appeal and Leave to Appeal re: Approach iro Interlocutory Judgments
- Appeal and Leave to Appeal re: Approach iro Limitation to the Right of Appeal
- Appeal and Leave to Appeal re: Approach iro Stated Case or Amicable Action Proceedings
- Appeal and Leave to Appeal re: Approach iro Verdict of Acquittal
- Appeal and Leave to Appeal re: Approach, Notice and Grounds of Appeal iro Belated Pleadings
- Appeal and Leave to Appeal re: Approach, Notice and Grounds of Appeal iro Multiple Litigants
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- Appeal and Leave to Appeal re: Automatic Appeal
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- Final Orders re: Composition of Bench iro Court Verdict, Incapacitation and Disagreements Between Presiding Officers
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- Pleadings re: Approach, Amendments, Heads of Argument, Record of Proceedings and Off the Record Submissions
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- Rules of Construction or Interpretation re: Retrospective Construction and Effect of Ex Post Facto or Repealed Laws
Criminal Procedure re: Indictment, Summons, Charge, Plea, Remand Hearing and Committal for Trial
- Indictment or Charge & Basis of Criminal Prosecution re: Approach iro Language of Record
- Indictment or Charge & Basis of Criminal Prosecution re: Approach iro Strict and Absolute Liability Offences
- Indictment or Charge & Basis of Criminal Prosecution re: Approach, Defence Outline, State Outline & Pre-Trial Procedures
- Indictment or Charge re: Charge Sheet, Framing of Charges, Essential Elements, Causation, Intention & Competent Verdict
- Indictment or Charge re: Concurrent Criminal and Civil Proceedings and the Concept of Double Jeopardy
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- Indictment or Charge re: Deceased Accused Persons and the Termination of Proceedings as regards the Deceased
- Indictment or Charge re: Exception iro Evidential Exceptions
- Indictment or Charge re: Exception, Further Particulars and Amendment or Alteration of Charges or State Outline
- Indictment or Charge re: Extra-Territorial Jurisdiction Criminal Offences
- Indictment or Charge re: Identity of Aggrieved, Complainant or Victim, Corpus Delicti and the Presumption of Death
- Indictment or Charge re: Multiple or Co-Accused, Multiple Charges and Differing Pleas iro Joint or Separate Trials
- Indictment or Charge re: Persons Lacking Capacity to Commit Criminal Offences and the Presumption of Doli Incapax
- Indictment or Charge re: Plea in the Alternative
- Indictment or Charge re: Plea of Guilty iro Limited Plea, Plea Bargaining and Stated Case Proceedings
- Indictment or Charge re: Plea of Guilty, Alteration of Pleas and Triable Issues Raised During Plea Recording
- Indictment or Charge re: Prosecution of a Company and the Vicarious Liability of Directors
- Indictment or Charge re: Prosecution of a Company under a Liquidation, Judicial Management or Reconstruction Order
- Indictment or Charge re: Prosecutorial Authority iro Prosecutions Founded Upon Incomplete Investigations
- Indictment or Charge re: Prosecutorial Authority, Private Prosecution & Input of Complainant in Prosecutorial Issues
- Indictment or Charge re: Retrospective or Ex Post Facto Laws and the Effect of Repealed Law
- Indictment or Charge re: Splitting of Charges
- Indictment or Charge re: Withdrawal of Charges
Criminal Procedure re: Points in Limine
- Approach re: Issues in Limine
- Automatic Bar
- Citation and Joinder re: Approach, the Joinder of Necessity and Third Party Notices
- Dirty Hands Principle and the Doctrine of Obedience of the Law Until its Lawful Invalidation or Repeal
- Founding, Opposing, Supporting, Answering and Witness Affidavits re: Approach, Deponent and Commissioning
- Jurisdiction re: Approach, Assumption of Jurisdiction, Functus Officio and Judicial Deference
- Lis Alibi Pendens or Pending Litigation re: Approach
- Prescription
- Proof of Service, Return of Service, Address for Service, Manner of Service and the Doctrine of Notice
- Res Judicata, Autrefois Acquit, Autrefois Convict, Cause of Action Estoppel and Issue Estoppel
Criminal Procedure re: Rules of Evidence
- Absent, Incapacitated, Unavailable and Mentally Challenged Witnesses
- Accomplice Witness, Suspect Witness, Executive Communication Between Co-Conspirators & Immunity from Prosecution
- Approach re: Discovery, Obligation to Disclose All Information or Evidence to the Court & the Suppression of Evidence
- Approach re: Language of Record
- Approach re: Obligation to Disclose All Information or Evidence to the Court iro Claim of Privilege
- Corroborative Evidence re: Admissions, Unchallenged Evidence, Right to Examine Witnesses & Audi Alteram Partem Rule
- Corroborative Evidence re: Approach and Principle that Lies Told By Accused Amount to Corroboration of State Witnesses
- Corroborative Evidence re: Approach iro The Rule Against Narratives or Self-Corroboration
- Corroborative Evidence re: Approach iro Witness Statements
- Corroborative Evidence re: Hostile, Adverse or Recalcitrant Witness and Impeachment Proceedings
- Corroborative Evidence re: Pervasive or Undue Influence, Partisan Evidence, Prejudicial Evidence and Witness Coaching
- Corroborative Evidence re: Uncorroborated Evidence iro Single Witness, Cautionary Rule and Religious Indoctrination
- Defence Outline, State Outline and Plea re: Supporting Documents, Affidavits and Commissioning
- Defence Outline, State Outline re: Approach, Testimonial Discrepancies and Prevaricative or Inconsistent Evidence
- Direct and Circumstantial Evidence, Causation and Inferential Reasoning re: Key Witness, Eyewitness & Res Gestae
- Direct and Circumstantial Evidence, Causation, Inferential Reasoning, Confessions & the Principle of Evidence Aliunde
- Documentary Evidence and the Authenticity of Questioned Documents re: Approach
- Documentary Evidence and the Authenticity of Questioned Documents re: Digital Evidence
- Documentary Evidence and the Authenticity of Questioned Documents re: Interrogatories
- Documentary Evidence and the Authenticity of Questioned Documents re: Public Documents
- Evidence of Identification, Identification Parade, Tool Mark Evidence, Alias, Evidence Aliunde & the Defence of Alibi
- Evidence on Oath, Perjury, Submissions from the Bar & Evidence Derived from Previous, Concurrent or Civil Litigation
- Expert Evidence, Opinion Evidence and Toolmark Evidence re: Approach and the Limited Expert Knowledge of the Court
- Expert Evidence, Opinion Evidence and Toolmark Evidence re: Foreign Legislation
- Findings of Fact re: Assessment of Evidence and Inferences iro Evidence Introduced and Assessed Mero Motu by the Court
- Findings of Fact re: Assessment of Evidence, Inferences, the Cardinal Rule of Logic and Evidentiary Concessions
- Findings of Fact re: Concessions or Agreements Between Counsel and the Abandonment of Concessions or Agreements
- Findings of Fact re: Witness Testimony, Candidness with the Court and Deceptive or Misleading Evidence
- Hearsay Evidence, Res Gestae, the Dying Declaration & Informants Not Presenting Oral or Corroborative Evidence on Oath
- Inadmissible Evidence re: Approach, Illegally or Unlawfully Obtained or Tainted Evidence and the Exclusionary Rule
- Inadmissible Evidence re: Similar Fact Evidence and the Rule of Relevance
- Inspection in Loco
- Irrelevant Evidence, Speculative Evidence, Character Evidence, Implausible or Improbable Evidence and Rule of Relevance
- Juvenile or Child Witness, Vulnerable Witness, Victim Friendly Facilities and the Cautionary Rule
- Onus re: Evidential Standard and Burden of Proof iro Approach and the Presumption of Innocence
- Onus re: Evidential Standard and Burden of Proof iro Right to Remain Silent & Doctrine of Concession and Avoidance
- Onus, Burden and Standard of Proof re: Bare Denials, Evidential Scales of Justice and the Effect of Judicial Questioning
- Onus, Burden and Standard of Proof re: Evidential Standard and Burden of Proof iro Factual Issues in Doubt
- Onus, Burden and Standard of Proof re: Trial Within a Trial
- Physical Evidence re: Approach
- Physical Evidence re: Approach iro Plea of Guilty Proceedings
- Physical Evidence re: Disposal Orders
- Police Investigations, Arrest, Search and Seizure With or Without a Warrant re: Approach
- Police Investigations, Arrest, Search and Seizure With or Without a Warrant re: Claim for Return of Seized Property
- Subpoena, Witness Summons or Compellable Witness, Subpoena Duces Tecum and the Claim of Privilege
- Warned and Cautioned Statements re: Unconfirmed Warned and Cautioned Statement
- Warned and Cautioned Statements, Indications, Evidence Aliunde & Presumption of Clarity of Events Nearer Date of Event
Criminal Procedure re: Rules of Evidence iro Defences
- Approach, Rehearsed & Fabricated Defences & Obligation of Court to make findings on all defences proffered by Accused
- Defence of Abandonment, Claim of Right, Mistake of Fact or Law and Establishment of Mens Rea or Intention
- Defence of Accidental Death
- Defence of Alibi and Mistaken Identity
- Defence of Compulsion
- Defence of Diminished Mental Responsibility or Diminished Capacity re: Provocation iro Approach and Self-Control
- Defence of Diminished Mental Responsibility or Diminished Capacity re: Provocation iro Witchcraft & Cultural Beliefs
- Defence of Diminished Mental Responsibility or Diminished Capacity re: Substance Use, Intoxication and Insanity
- Defence of Disclosure, Voluntary Assumption of Risk and Consent
- Defence of Impossibility of Actus Reus
- Defence of Person, Self Defence, Private Defence & Defence of Necessity re: Retaliation or The Eye For An Eye Doctrine
- Defence of Person, Self Defence, Private Defence and the Defence of Necessity re: Socio-Economic Hardship
- Defence of Person, Self Defence, Private Defence, Defence of Property and the Defence of Necessity re: Approach
Dangerous Drugs
- Dangerous Drugs re: Unlawful Possession, Use or Cultivation
Deliberate Transmission of HIV/AIDS
Deliberately Supplying False Information to a Public Authority
Domestic Violence and Gender Based Violence
Domestic Violence and Gender-Based Violence re: Peace Order
Electricity and Power Cabling Law
Environment Violations
Escaping from Lawful Custody
Extortion
Extra-Territorial Jurisdiction Criminal Offences
Firearms and Dangerous Weapons Violations
- Dangerous Weapons
- Firearms Violation re: Incitement to Commit Insurgency
- Firearms Violation re: Insurgency, Banditry, Sabotage or Terrorism
- Firearms Violation re: Possession and Discharging a Firearm
- Firearms Violation re: Securing of a Firearm
Forestry Law
Fraud and Criminal Promise
Immigration Violations
Impersonation
Kidnapping or Unlawful Detention
Labour Violations
Land Acquisition
Maintenance
Malicious Damage To Property
Murder
- Murder and Permissible or Competent Verdicts re: Approach, Intent, Motive, Corpse, Cause of Death & Inquest Proceedings
- Murder re: Attempted Murder
- Murder re: Concealing Birth of a Child and Infanticide
- Murder re: Culpable Homicide iro Road Traffic Accident
- Murder re: Culpable Homicide iro Violent Conduct, Exceeding Limits of Self Defence and the Eye for an Eye Doctrine
- Murder re: Indemnified Persons, Death in Custody of Security Personnel and the Shoot To Kill Policy
- Murder re: Infliction of Harm on an Un-identified Victim, the Principle of Corpus Delicti and Presumption of Death
- Murder re: Infliction of Harm on an Un-intended Victim and the Aberratio Ictus Rule
- Murder re: Mob Assault, Multiple Assailants or Murder By a Group
- Murder re: Murder with Actual Intent, Dolus Directus and Murder Committed in Aggravating Circumstances
- Murder re: Murder with Constructive Intent, Foreseeability Intention, Reckless Conduct or Dolus Eventualis
- Murder re: Termination of Pregnancy
- Murder re: Thin Skull Rule
- Murder re: Threatening To Kill Another
Obstructing Course of Justice, Undermining of Police Powers and Hindering Police in the Execution of Duties
Parks and Wildlife Management
Precious Minerals
- Precious Minerals re: Unlawful Possession and Dealing Without a Licence
- Precious Minerals re: Unlawful Prospecting
Procurement and Tender Procedures Law
Public Order and Security
Public Violence
Receiving Stolen Property and the Doctrine of Recent Possession
Road Traffic Law re: Approach and Negligence
Road Traffic Law re: Obstructing or Endangering the Free Movement of Persons of Traffic
Road Traffic Law re: Use of Spikes
Robbery, Armed Robbery, Robbery Committed in Aggravating Circumstances and the Doctrine of Recent Possession
Sentencing
- Sentencing re: Approach iro Admission of Guilt Fine
- Sentencing re: Approach iro Alteration of Sentence, Presidential Pardon, Parole, Commutation or Remission of Sentence
- Sentencing re: Approach iro Alternative Sentence, Suspended Sentences, Repeat Offenders and Previous Convictions
- Sentencing re: Approach iro Approach to Sentencing, the Penalty Provision of a Statute and the Pre-Sentence Inquiry
- Sentencing re: Approach iro Co-Accused, Gender and Age Considerations & the Principle of Equality of Treatment
- Sentencing re: Approach iro Community Service, Repeat Offenders and Considerations of Non-Custodial Sentences
- Sentencing re: Approach iro Compensatory Orders or Restitution
- Sentencing re: Approach iro Contritional Compensation & Conduct of Accused Ex Post Facto Commission of the Offence
- Sentencing re: Approach iro Corporate Entities, Institutions, Artificial or Juristic Persons
- Sentencing re: Approach iro Extenuating Circumstances, Assessment of Blameworthiness & Effect on Mandatory Sentences
- Sentencing re: Approach iro First Offenders
- Sentencing re: Approach iro Incarceration Conditions and the Effect of Pre-trial Detention and Constitutional Rights Violations
- Sentencing re: Approach iro Incarceration ito Death Penalty, Death Row and the Constitutional Right to Life
- Sentencing re: Approach iro Juvenile and Youthful Offenders (Repeat Offenders)
- Sentencing re: Approach iro Juvenile and Youthful Offenders, Juvenile Justice & Administration of Corporal Punishment
- Sentencing re: Approach iro Medical Considerations
- Sentencing re: Approach iro Multiple Counts, Prescribed Sentences & the Cumulative or Concurrent Running of Sentences
- Sentencing re: Approach iro Operation of Sentence Pending Criminal Appeal
- Sentencing re: Approach iro Sentencing Discretion of Trial Court & Judicial Interference By Appeal or Review Court
- Sentencing re: Approach iro Sentencing Jurisdiction and the Referral or Transfer for Sentence
- Sentencing re: Approach iro Warrant of Liberation and Time Served
- Sentencing re: Assault and Assault With Intent To Cause Grievous Bodily Harm
- Sentencing re: Assault iro Police Officers, Prison Officers, Members of the Army and Security Personnel
- Sentencing re: Attempting to Commit an Offence, Incitement to Commit an Offence and Conspiracy to Commit
- Sentencing re: Aviation Violations
- Sentencing re: Banking Violations
- Sentencing re: Bribery, Corruption and Corruptly Concealing a Transaction from a Principal
- Sentencing re: Censorship and Entertainment Control
- Sentencing re: Children Violations
- Sentencing re: Circumstantial Offenders
- Sentencing re: Contempt of Court
- Sentencing re: Criminal Abuse of Duty as a Public Officer and Criminal Negligence
- Sentencing re: Criminal Insult
- Sentencing re: Dangerous Drugs
- Sentencing re: Deliberate Transmission of HIV/AIDS
- Sentencing re: Deliberately Supplying False Information to a Public Authority
- Sentencing re: Domestic Violence
- Sentencing re: Electricity and Power Cabling Violations
- Sentencing re: Environment Violations
- Sentencing re: Extortion
- Sentencing re: Firearms and Dangerous Weapons Violations
- Sentencing re: Forestry Violations
- Sentencing re: Fraud and Criminal Promise
- Sentencing re: Immigration Violations
- Sentencing re: Impersonation
- Sentencing re: Kidnapping or Unlawful Detention
- Sentencing re: Land Acquisition
- Sentencing re: Maintenance
- Sentencing re: Malicious Damage to Property
- Sentencing re: Murder iro Attempted Murder
- Sentencing re: Murder iro Concealing Birth of a Child and Infanticide
- Sentencing re: Murder iro Culpable Homicide (Road Traffic Accident)
- Sentencing re: Murder iro Culpable Homicide (Violent Conduct)
- Sentencing re: Murder iro Murder with Actual Intent, the Death Penalty and the Constitutional Right to Life
- Sentencing re: Murder iro Murder with Constructive Intent
- Sentencing re: Murder iro Threatening To Kill Another
- Sentencing re: Obstructing Course of Justice, Undermining Police Powers & Hindering Police in Executing their Duties
- Sentencing re: Parks and Wildlife Management
- Sentencing re: Politically Motivated Violence
- Sentencing re: Precious Minerals
- Sentencing re: Public Order and Security
- Sentencing re: Public Violence
- Sentencing re: Publishing or Communicating False Statements Prejudicial to the State
- Sentencing re: Receiving Stolen Property
- Sentencing re: Road Traffic Violations
- Sentencing re: Robbery, Armed Robbery and Robbery Committed in Aggravating Circumstances
- Sentencing re: Sexual Offences iro Indecent Assault, Aggravated Indecent Assault and Attempted Rape
- Sentencing re: Sexual Offences iro Rape
- Sentencing re: Sexual Offences iro Sexual Intercourse with Young Person, Statutory Rape, Juvenile Sex & Child Pledging
- Sentencing re: Sexual Offences iro Sodomy
- Sentencing re: Stock Theft
- Sentencing re: Taxation Violations
- Sentencing re: Theft and Shoplifitng
- Sentencing re: Theft iro Unauthorised Use of Property
- Sentencing re: Trapping of Animals
- Sentencing re: Undermining the Authority of or Insulting the President
- Sentencing re: Unlawful Entry, Aggravated Unlawful Entry, Housebreaking and Criminal Trespass
- Sentencing re: Witchcraft
Sexual Offences
- Incestuous Rape
- Indecent Assault, Aggravated Indecent Assault and Attempted Rape
- Rape and Approach to Sexual Assault Cases
- Sexual Intercourse with a Young Person or Statutory Rape, Consensual Juvenile Sex and Pledging of the Girl Child
- Sodomy
Stock Theft
Tax Violations
Theft re: Unauthorised Use of Property
Theft, Shoplifting and the Doctrine of Recent Possession
Trapping of Animals
Treason, Terrorism, Unconstitutional Overthrow of the Government and Subverting a Constitutional Government
Unlawful Entry, Aggravated Unlawful Entry, Housebreaking, Criminal Trespass and the Doctrine of Recent Possession
Voluntary Organisations Violations
Witchcraft

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Sentencing re: Forestry Violations

HH57-13 : THE STATE vs JULIET CHIKANDIWA and XAVIER MUWALO and JOHN KUTSIRA and MURANGANWA ZINYANA and OTHERS Ruled By: MATHONSI J and MAWADZE J

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Zimbabwe

HH57-13 : THE STATE vs JULIET CHIKANDIWA and XAVIER MUWALO and JOHN KUTSIRA and MURANGANWA ZINYANA and OTHERS
Ruled By: MATHONSI J and MAWADZE J