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Criminal Cases

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 ...

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

31 January 2013 Murder-viz culpable homicide.Procedural Law-viz rules of evidence re expert evidence iro post mortem report.Procedural Law-viz expert opinion re post-mortem report ...

HB30-10 : RAPHAEL TSHABANGU and NICHOLAS TSHABANGU and DUMEZWENI TSHABANGU vs THE STATE
Ruled By: NDOU J

17 and 27 May 2010 Bail-viz bail pending appeal.Murder-viz murder with constructive intent.Sentencing-viz murder with constructive intent.Bail-viz bail pending appeal re interests of justice.Bail-viz bail ...

HB30-09 : THE STATE vs ANGELINA NGWENYA
Ruled By: NDOU J and CHEDA J

2 April 2009 Rape-viz twenty four year old female accused.Sentencing-viz rape re accomplice.Rape-viz accomplice re socius criminis.Procedural Law-viz unrepresented accused re duty of ...

HB296-16 : THE STATE vs EFESU CHIKONDO
Ruled By: MOYO J and TAKUVA J

3 November 2016 Procedural Law-viz criminal review.Robbery-viz section 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Sentencing-viz robbery.Procedural Law-viz rules of ...

HB29-14 : THE STATE vs SONNY KUZOMUNHU CHASI
Ruled By: MAKONESE J

27-28 June 2013; 28, 29, 30, 31 January and 20 February 2014 Procedural Law-viz rules of evidence re direct evidence iro murder.Procedural Law-viz rules of evidence re circumstantial evidence iro murder.Procedural Law-viz ...

HB29-13 : THE STATE vs TICKSON SIBANDA and THABISANI MOYO and ORLANDO DUBE
Ruled By: CHEDA J and MUTEMA J

21 February 2013 Procedural Law-viz criminal review.Sentencing-viz sentencing approach re multiple counts.Sentencing-viz sentencing approach re previous convictions.Sentencing-viz sentencing approach re disparity of sentences ...

HB29-10 : DUMISANI NDLOVU vs THE STATE
Ruled By: KAMOCHA J and NDOU J

17 May and 27 May 2010 Procedural Law-viz criminal appeal re conviction and sentence.Impersonation-viz impersonating a police officer re section 64 of the Police Act [Chapter ...

HB29-09 : THE STATE vs KOMBORERO HOVE
Ruled By: NDOU J and CHEDA J

2 April 2009 Procedural Law-viz criminal review.Road Traffic Law-viz proceeding against a red robot.Indictment-viz basis of criminal proceedings re charge sheet.Charge-viz basis of ...

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

30 January 2013 Defence of Diminished Mental Responsibility-viz insanity re murder.Procedural Law-viz rules of evidence re physical evidence.Procedural Law-viz rules of evidence re ...

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

4 and 6 February 2013 Murder-viz murder with actual intent.Procedural Law-viz rules of evidence re formal admissions iro section 314 of the Criminal Law Procedure ...

HB267-16 : NJABULO NDLOVU vs THE STATE
Ruled By: MATHONSI J

12 October 2016 and 13 October 2016 Domestic Violence-viz physical abuse re section 3 of the Domestic Violence Act [Chapter 5:16].Domestic Violence-viz physical abuse re section 4 ...

HB26-20 : THE STATE vs BENJAMIN MPANDUKI
Ruled By: MAKONESE J and ASSESSORS: MATEMBA and BAYE

3 February 2020 Indictment-viz plea of guilty proceedings re limited plea iro Stated Case proceedings.Charge-viz guilty plea proceedings re limited plea iro Statement ...

HB26-15 : JONATHAN NGWENYA vs THE STATE
Ruled By: MOYO J and TAKUVA J

6 October 2014 and 19 February 2015 Procedural Law-viz criminal appeal.Sexual Offences-viz indecent assault re section 66 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Sexual ...

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

31 January 2013 Murder-viz murder with constructive intent.Defence of Diminished Mental Responsibility-viz intoxication.Procedural Law-viz rules of evidence re warned and cautioned dtatement re ...

HB250-16 : ANANIAS MANJORO vs THE STATE
Ruled By: MAKONESE J

23 and 29 September 2016 Bail-viz bail pending appeal re prospects of success on appeal.Sentencing-viz rape.Procedural Law-viz appeal re findings of fact made by the ...

HB25-17 : THE STATE vs ZIBUSISO SIKHOSANA and BRIAN MBEWE and MARVELLOUS NDLOVU
Ruled By: MATHONSI J and TAKUVA J

16 February 2017 Procedural Law-viz criminal review.Extortion-viz section 134 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Sentencing-viz extortion.Sentencing-viz sentencing approach re ...

HB25-16 : THE STATE vs PHILANI MAPHOSA
Ruled By: BERE J and ASSESSORS: DAMBA and NYONI

4 and 5 February 2016 Procedural Law-viz rules of evidence re expert evidence iro post-mortem report.Defence of Diminished Mental Responsibility-viz provocation.Murder-viz defence of diminished mental ...

HB25-13 : THE STATE vs NKULULEKO MOYO and CUSHION TSHUMA and STANLEY NDLOVU and NDABEZINHLE NENE and THEMBA CHIMISO N.O.
Ruled By: CHEDA AJ

4 and 14 February 2013 Bail-viv bail appeal.Bail-viz accused facinf pending charges.Bail-viz previous convictions.Bail-viz the presumption of innocence re bail pending trial.Bail-viz bail pending trial ...

HB248-16 : THE STATE vs NGONI TSHUMA
Ruled By: BERE J and ASSESSORS: SOBANTU and NYONI

27 September 2016 Indictment-viz plea of guilty re limited plea iro Statement of Agreed Facts.Charges-viz guilty plea re limited plea iro Statement of ...

HB247-16 : THE STATE vs SITHABILE NDLOVU
Ruled By: BERE J and MATHONSI J

26 and 29 September 2016 Procedural Law-viz criminal review.Domestic Violence-viz physical abuse re section 1(a) of the Domestic Violence Act [Chapter 5:16].Domestic Violence-viz physical abuse ...

HB246-16 : WASHINGTON MUCHENU vs THE STATE
Ruled By: MAKONESE J and MOYO J

26 and 29 September 2016 Procedural Law-viz criminal appeal.Stock Theft-viz section 114 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Sentencing-viz stock theft.Procedural Law-viz ...

HB244-16 : THE STATE vs TINASHE SIZIBA
Ruled By: MAKONESE J

22 and 23 September 2016 Procedural Law-viz rules of evidence re direct evidence.Procedural Law-viz rules of evidence re circumstantial evidence.Procedural Law-viz rules of evidence re ...

HB243-16 : THE STATE vs CLEMENT SIBANDA
Ruled By: MATHONSI J and MOYO J

29 September 2016 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 ...

HB24-15 : THE STATE vs THEMBINKOSI GUMBI
Ruled By: KAMOCHA J

2, 3 and 4 February 2015 Murder-viz domestic violence.Murder-viz gender based violence.Murder-viz gender-based violence.Procedural Law-viz rules of evidence re warned and cautioned statement iro confirmed warned ...

HB24-14 : THE STATE vs DERRECK ZUVA
Ruled By: MUTEMA J

3 and 6 February 2014 Procedural Law-viz criminal review.Procedural Law-viz final orders re court management.Murder-viz threatening to kill another re section 186 of the Criminal ...

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