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Criminal Cases

HB52-10 : THE STATE vs TICHAFARA SITHOLE
Ruled By: CHEDA J

18 May 2010 and 16 July 2010 Murder-viz murder with actual intent.Procedural Law-viz rules of evidence re expert evidence iro forensic ballistic report.Procedural Law-viz rules of evidence ...

HB52-09 : THE STATE vs LAMECK MAROWA
Ruled By: CHEDA J and KAMOCHA J

23 April 2009 and 7 May 2009 Procedural Law-viz criminal review.Theft-viz grocery items.Sentencing-viz theft.Sentencing-viz sentencing guidelines.Sentencing-viz alternative sentence.

HB51-15 : NQOBILE NYONI vs THE STATE
Ruled By: MOYO J

24 February and 12 March 2015 Bail-viz robbery.Bail-viz medical considerations.Bail-viz bail pending trial re flight risk iro nature of the charges.Bail-viz bail pending trial re severity ...

HB51-13 : TAFADZWA RAWURA vs GLORIA TAKUNDWA N.O. and THE STATE
Ruled By: MAKONESE J

28 February 2013 Procedural Law-viz criminal review.Sentencing-viz unlawful entry in aggravating circumstances.Indictment-viz plea of guilty re section 271(2)(b) of the Criminal Procedure and ...

HB51-11 : TAPIWA CHIGIJI and TRUST MATENDE vs STATE
Ruled By: CHEDA J

14 March and 17 March 2011 Bail-viz bail pending appeal.Sentencing-viz sentencing approach re multiple counts iro concurrent running of sentences.Sentencing-viz murder re attempted murder.Sentencing-viz firearms violations.Bail-viz ...

HB51-09 : THE STATE vs SAMSON MBERA
Ruled By: CHEDA J and NDOU J

20 AprilL 2009 and 23 April 2009 Procedural Law-viz criminal review.Dangerous Drugs-viz dagga re cultivation of dagga.Sentencing-viz dangerous drugs re dagga.Procedural Law-viz rules of evidence re physical ...

HB50-15 : MTHOKOZISI SIBANDA vs THE STATE
Ruled By: MOYO J

27 February and 12 March 2015 Bail-viz bail pending trial.Bail-viz sexual offences re rape.Procedural Law-viz rules of evidence re evidence of identification iro alibi.Indictment-viz framing of ...

HB50-13 : QHUBEKANI MAPHOSA vs THE STATE
Ruled By: KAMOCHA J and CHEDA AJ

1 October 2012 and 28 February 2013 Procedural Law-viz criminal appeal.Kidnapping-viz section 93 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Sentencing-viz sentencing approach re multiple ...

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

30 June 2010 and 1 July 2010 Sentencing-viz stock theft.Procedural Law-viz rules of evidence re unchallenged evidence.Procedural Law-viz rules of evidence re corroborative evidence.Procedural Law-viz rules of ...

HB50-09 : THE STATE vs THABANI DUBE
Ruled By: CHEDA J and NDOU J

20 April 2009 and 23 April 2009 Procedural Law-viz criminal review.Charge-viz culpable homicide re road traffic accident.Sentencing-viz culpable homicide re road traffic accident.Road Traffic Law-viz negligence re ...

HB49-15 : MSONGELWA DUBE vs THE STATE
Ruled By: MOYO J

18 February and 12 March 2015 Bail-viz bail pending appeal.Stock Theft-viz section 114 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Sentencing-viz stock theft.Procedural Law-viz ...

HB49-13 : FREDRICK MAGAYA and AMOS MUTSAMBWA vs THE STATE
Ruled By: CHEDA J AND CHEDA AJ

18 February 2013 and 7 March 2013 Procedural Law-viz criminal appeal re conviction and sentence.Miscellaneous Offences-viz hindering a police officer in the execution of his duties re ...

HB48-10 : GEORGE MASUNDA and MELUSI MUKWANANZI and TAKESURE MATONZI vs THE STATE
Ruled By: MATHONSI J

29 June 2010 and 1 July 2010 Stock Theft-viz section 114 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Sentencing-viz first offenders.Sentencing-viz stock theft.Procedural Law-viz rules ...

HB47-15 : DUDLEY RODGERS vs THE STATE
Ruled By: MAKONESE J and TAKUVA J

26 January and 12 March 2015 Procedural Law-viz criminal appeal.Land Acquisition-viz section 3 of the Gazetted Lands (Consequential Provisions) Act [Chapter 20:28].Sentencing-viz land acquisition.Procedural Law-viz appeal ...

HB47-11 : THE STATE vs COLLEN DLAMINI
Ruled By: NDOU J and CHEDA J

17 March 2011 Procedural Law-viz criminal review.Kidnapping-viz section 93 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Unlawful Detention-viz section 93 of ...

HB47-10 : MORRIS DUWA vs THE STATE
Ruled By: CHEDA J

17 June 2010 and 15 July 2010 Bail-viz bail pending trial.Bail-viz rape.Bail-viz bail pending trial re presumption of innocence until proven guilty.Bail-viz bail pending trial re interests ...

HB46-13 : PRINCE NDLOVU vs THE STATE
Ruled By: KAMOCHA J

14 and 21 February 2013 Procedural Law-viz criminal appeal re leave to appeal.Bail-viz bail appeal re leave to appeal iro leave to appeal bail pending ...

HB46-11 : SAMUEL MUUNGANIRWA vs THE STATE
Ruled By: KAMOCHA J and CHEDA J

7 and 17 March 2011 Procedural Law-viz rules of evidence re indications.Robbery-viz armed robbery.Sentencing-viz armed robbery.Procedural Law-viz criminal appeal.Sentencing-viz sentencing approach re multiple counts.Sentencing-viz sentencing ...

HB45-17 : MBONGENI MPOFU vs THE STATE
Ruled By: MATHONSI J and TAKUVA J

27 February 2017 and 9 March 2017 Procedural Law-viz criminal appeal.Procedural Law-viz contempt of court re section 182 of the Criminal Law (Codification and Reform) Act [Chapter ...

HB45-15 : TALENT MTUNZI and SHELLY NCUBE vs THE STATE
Ruled By: KAMOCHA J and TAKUVA J

7 July 2014 and 12 March 2015 Procedural Law-viz criminal appeal.Precious Minerals-viz possession without a licence re section 3 of the Gold Trade Act [Chapter 21:03].Precious Minerals-viz ...

HB43-13 : THE STATE vs CHARLES NONGERAI and OTHERS
Ruled By: CHEDA J and MAKONESE J

28 February 2013 Procedural Law-viz criminal review.Sentencing-viz sentencing approach re multiple counts.Procedural Law-viz rules of evidence re physical evidence.Procedural Law-viz rules of evidence ...

HB43-11 : KENANI PHIRI vs THE STATE
Ruled By: NDOU J and CHEDA J

7 March and 17 March 2011 Procedural Law-viz criminal appeal re sentence.Criminal Abuse of Duty as a Public Officer-viz section 174(1)(b) of the Criminal Law (Codification ...

HB42-15 : THE STATE vs VIOLET MOYO
Ruled By: KAMOCHA J

24, 25 and 26 February 2015 Indictment-viz causation re intention iro mens rea.Charge-viz causation re intention iro mens rea.Murder-viz intent re mens rea.Children Violations-viz murder.Procedural Law-viz ...

HB42-12 : THE STATE vs JOHN MUCHEKAYAWA
Ruled By: MAKONESE J

15 February and 23 February 2012 Procedural Law-viz criminal review.Domestic Violence-viz section 4(1) of the Domestic Violence Act [Chapter 5:16].Domestic Violence-viz section 3 of the Domestic ...

HB41-13 : JECONIAH NYATHI vs THE STATE
Ruled By: KAMOCHA J and CHEDA AJ

28 January and 21 February 2013 Procedural Law-viz criminal appeal re sentence.Sentencing-viz sentencing approach re multiple counts.Procedural Law-viz criminal appeal re leave to prosecute an appeal ...

HB41-11 : VIOLA MOYO vs THE STATE
Ruled By: KAMOCHA J and MATHONSI J

21 February and 3 March 2011 Procedural Law-viz criminal appeal.Murder-viz culpable homicide.Sentencing-viz murder re culpable homicide.Procedural Law-viz rules of evidence re single witness evidence.Procedural Law-viz rules ...

HB40-16 : TUNGAMIRAI NYENGERA vs THE STATE
Ruled By: MAKONESE J and MOYO J

28 September 2015 and 18 February 2016 Procedural Law-viz criminal appeal.Fraud-viz section 136 of the Criminal Law (Codification and Reform) Act [Chapter 9;23].Sentencing-viz fraud.Procedural Law-viz appeal re ...

HB40-10 : THE STATE vs ABRAHAM TSHUMA
Ruled By: CHEDA J

24 June 2010 Procedural Law-viz criminal review.Dangerous Drugs-viz dagga re possession for commercial purposes.Sentencing-viz dangerous drugs.Procedural Law-viz rules of evidence re physical evidence ...

HB39-11 : THE STATE vs JULUMBA NDEBELE
Ruled By: KAMOCHA J and MATHONSI J

24 February and 3 March 2011 Procedural Law-viz criminal appeal.Sexual Offences-viz aggravated indecent assault.Sentencing-viz aggravated indecent assault.Sexual Offences-viz rape.Sentencing-viz rape.Sentencing-viz sentencing approach re multiple counts.Procedural Law-viz ...

HB37-13 : THE STATE vs LUCKSON MULEYA
Ruled By: MUTEMA J and ASSESSORS: HADEBE and MOYO

7 and 11 February 2013 Murder-viz section 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Procedural Law-viz rules of evidence re formal admissions ...

HB37-11 : CHOMWENJE MAKUVAZA vs THE STATE
Ruled By: KAMOCHA J and MATHONSI J

14 February and 3 March 2011 Procedural Law-viz criminal appeal re sentence.Stock Theft-viz section 114 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Sentencing-viz stock ...

HB37-10 : THE STATE vs MTHUKUTHELI SIBANDA
Ruled By: CHEDA J and MATHONSI J

24 June 2010 Procedural Law-viz criminal review re assault.Procedural Law-viz rules of evidence re expert evidence iro medical report.Sentencing-viz assault.Sentencing-viz community service.Sentencing-viz first ...

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

9 November 2017 Procedural Law-viz rules of evidence re circumstantial evidence iro murder.Procedural Law-viz rules of evidence re circumstantial evidence iro evidence aliunde.Procedural ...

HB36-13 : THE STATE vs MACIEJ TRZCINSKI and ARTUR KRYSZTOF DABROWSKI and FRANCESO PERINI
Ruled By: CHEDA J and KAMOCHA J

21 February 2013 Procedural Law-viz criminal review.Charge-viz framing of charges re citation of charge.Indictment-viz framing of charges re citation of charge.Parks and Wildlife ...

HB35-15 : BENJAMIN MAFUSIRE vs THE STATE
Ruled By: MAKONESE J and TAKUVA J

9 February and 26 February 2015 Procedural Law-viz appeal.Stock Theft-viz section 114 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Indictment-viz plea of guilty proceedings ...

HB35-14 : THE STATE vs ZENZO SIBANDA
Ruled By: TAKUVA J

28 and 29 January and 3 February 2014 Murder-viz section 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Procedural Law-viz rules of evidence re admissions.Procedural Law-viz ...

HB35-13 : THE STATE vs MARTIN GWAREGA
Ruled By: CHEDA J and MUTEMA J

21 February 2013 Procedural Law-viz criminal review.Sentencing-viz sentencing approach.Sentencing-viz sentencing approach re multiple counts iro concurrent running of sentences.Sentencing-viz sentencing approach re mandatory ...

HB35-09 : WONDER MOYO vs THE STATE
Ruled By: KAMOCHA J

18 November 2008 and 28 March 2009 Bail-viz bail pending review re procedural irregularity.Stock Theft-viz theft of two heifers.Sentencing-viz stock theft.Stock Theft-viz canvassing of essential elements.Procedural Law-viz ...

HB345-16 : NQOBILE KHUMALO vs THE PRESIDING MAGISTRATE N.O. (MR MZINGAYE MOYO) and THE PROSECUTOR GENERAL N.O.
Ruled By: MATHONSI J

25 November 2016 and 1 December 2016 Procedural Law-viz citation re party acting in an official capacity iro nominee officii.Procedural Law-viz citation re party acting in an ...

HB343-16 : THE STATE vs JOHANNES MOYO
Ruled By: MOYO J

22-23 November 2016 and 1 December 2016 Procedural Law-viz rules of evidence re warned and cautioned statement iro confirmed warned and cautioned statement.Procedural Law-viz rules of evidence ...

HB34-15 : ELVIS NDLOVU and RODRICK NDLOVU vs THE STATE
Ruled By: MAKONESE J

16 February and 19 February 2015 Stock Theft-viz section 114 of the Criminal Law (Codification and Reform) Act [Chapter 9;23].Sentencing-viz stock theft.Bail-viz bail pending appeal.Procedural Law-viz ...

HB34-14 : THE STATE vs GOLDEN BAKO and ERISHA SIMANGO and AMIRI PHIRI
Ruled By: TAKUVA J

2014 Murder-viz mob assault.Murder-viz multiple assailants.Procedural Law-viz rules of evidence re admissions.Procedural Law-viz rules of evidence re findings of fact iro ...

HB33-13 : THE STATE vs THABANI TSHUMA
Ruled By: CHEDA J and MUTEMA J

21 February 2013 Procedural Law-viz criminal review.Stock Theft-viz section 114 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Sentencing-viz stock theft.Sentencing-viz sentencing ...

HB32-16 : OBED NCUBE vs THE STATE
Ruled By: MAKONESE J

18 November 2015 and 11 February 2016 Bail-viz murder.Bail-viz bail pending trial re section 117(1) of the Criminal Procedure and Evidence Act [Chapter 9:07].Bail-viz bail pending trial ...

HB32-13 : THE STATE vs SHANAN MAKUNDE
Ruled By: MAKONESE J

30 January 2013 Murder-viz culpable homicide.Procedural Law-viz rules of evidence re juvenile witness.Procedural Law-viz rules of evidence re findings of fact iro witness ...

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

23, 24, 26 February and 26 March 2009 Procedural Law-viz criminal appeal.Dangerous Drugs-viz possession.Sentencing-viz dangerous drugs.Procedural Law-viz rules of evidence re police investigations iro search without a warrant.Procedural ...

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

7 and 8 February 2013 Murder-viz murder with actual intent.Procedural Law-viz rules of evidence re warned and cautioned statement iro confirmed warned and cautioned statement.Procedural ...

HB31-11 : MPHOKUHLE NCUBE vs THE STATE
Ruled By: NDOU J and CHEDA J

14 February 2011 and 10 March 2011 Procedural Law-viz criminal appeal re sentence.Sentencing-viz unlawful entry in aggravating circumstances.Sentencing-viz unlawful entry in aggravating circumstances re value of stolen ...

HB302-16 : THE STATE vs LAMECK TSHUMA
Ruled By: MATHONSI J and MOYO J

3 November 2016 Procedural Law-viz criminal review re automatic review iro section 57 of the Magistrates Court Act [Chapter 7:10].Parks and Wildlife Management-viz ...

HB30-20 : THE STATE vs ESTHER MOYO
Ruled By: MAKONESE J and ASSESSORS: MATEMBA and BAYE

28 January 2020 Children Violations-viz murder re chastisement of minors.Children Violations-viz murder re enforcement of discipline of children.Murder-viz children violations re corporal punishment ...

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