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
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Broadcasting and Media Law
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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
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- Appeal and Leave to Appeal re: Approach iro Verdict of Acquittal
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- Appeal and Leave to Appeal re: Approach, Notice and Grounds of Appeal iro Multiple Litigants
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- Appeal re: Appearance of Litigants at Appeal Hearings
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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, 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
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- Indictment or Charge re: Concurrent Criminal and Civil Proceedings and the Concept of Double Jeopardy
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- Indictment or Charge re: Constitutional Rights iro Arrest, Detention, Prosecution ito Permanent Stay and Systemic Delays
- 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 and Manner of Service
- 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 and Complementary Evidence re: The Rule Against Narrative or Self-Corroboration
- Corroborative Evidence re: Admissions, Unchallenged Evidence, Right to Examine Witnesses & Audi Alteram Partem Rule
- Corroborative Evidence re: Approach & Principle that Lies Told By Accused Amount to Corroboration of State Witnesses
- Corroborative Evidence re: Hostile, Adverse or Recalcitrant Witness and Impeachment Proceedings
- Corroborative Evidence re: Pervasive or Undue Influence, Partisan 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
- Illegally or Unlawfully Obtained or Tainted Evidence, Inadmissible Evidence and the Exclusionary Rule
- Inspection in Loco
- 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 Evidential Scales of Justice and the Effect of Judicial Questioning
- 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: 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
- Speculative Evidence, Character Evidence, Implausible or Improbable Evidence, Irrelevant Evidence & Rule of Relevance
- 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 Accidental Death
- Defence of Alibi and Mistaken Identity
- Defence of Claim of Right, Mistake of Fact or Law, Ignorance of the Law & the Establishment of Mens Rea or Intention
- 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, Defence of Property and the Defence of Necessity re: Approach
- Defence of Socio-Economic Hardship
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
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
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
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- Sentencing re: Approach iro Incarceration ito Death Penalty, Death Row and the Constitutional Right to Life
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- Sentencing re: Approach iro Medical Considerations
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- 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: 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