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Criminal Cases

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 ...

HB24-11 : TAKAFA VUMBUNU vs THE STATE
Ruled By: NDOU J

7 and 17 February 2011 Bail-viz bail pending trial.Bail-viz bail pending trial re set down of trial.Bail-viz flight risk re evidence of identification.Bail-viz likelihood of ...

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

22 June 2009 and 13 May 2010 Procedural Law-viz criminal appeal re conviction and sentence.Robbery-viz section 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Sentencing-viz ...

HB238-16 : THE STATE vs CERTAIN MOYO
Ruled By: MAKONESE J and ASSESSORS: DAMBA and HADEBE

13 and 14 September 2016 Procedural Law-viz rules of evidence re direct evidence iro key witness.Procedural Law-viz rules of evidence re circumstantial evidence iro eyewitness.Procedural ...

View Appeal HB23-15 : THE STATE vs SAMSON MUTERO
Ruled By: KAMOCHA J

28, 29 and 30 January 2015 Children Violations-viz murder.Procedural Law-viz rules of evidence re Defence Outline.Procedural Law-viz rules of evidence re circumstantial evidence iro inferential reasoning.Procedural ...

HB226-16 : ALPHONSUS ACHINULO vs W. MAPHIOS MOYO N.O. and THE STATE
Ruled By: MATHONSI J

18 August 2016 and 25 August 2016 Procedural Law-viz review re unterminated proceedings.Procedural Law-viz review re incomplete proceedings.Theft-viz section 113 of the Criminal Law (Codification and Reform) ...

HB22-15 : THE STATE vs FREDDY SAVANHU
Ruled By: KAMOCHA J

27 and 28 January 2015 Murder-viz gender based violence.Murder-viz gender-based violence.Indictment-viz plea of guilty proceedings re alteration of plea.Charge-viz guilty plea proceedings re alteration of ...

HB22-09 : WITNESS KULEKANI NDLOVU vs THE STATE
Ruled By: NDOU J and CHEDA J

20 October 2008 and 12 February 2009 Criminal Law-viz charge re receiving stolen property knowing it to be stolen.Criminal Law-viz sentencing re receiving stolen property knowing it ...

HB216-15 : THE STATE vs CALLUP SIBANDA
Ruled By: TAKUVA J and ASSESSORS: DAMBA and SOBANTU

22 October 2015 Murder-viz multiple assailants.Indictment-viz plea of guilty re limited plea iro Statement of Agreed Facts.Charge-viz guilty plea re limited plea iro ...

HB215-15 : THE STATE vs EVIDENCE RUZIVE and ADVENTURE RUZIVE and HABSON CHAMATUNGWA and SURPRISE MASHAVIRA
Ruled By: TAKUVA J and ASSESSORS: MATEMBA and BAYE

6 October 2015 Murder-viz mob assault.Murder-viz multiple assailants.Murder-viz the multiple assailants re the doctrine of common purpose.Murder-viz the defence of self defence.Murder-viz the ...

HB21-15 : THE STATE vs TALENT BANGO
Ruled By: KAMOCHA J

3 and 4 February 2015 Murder-viz infanticide.Procedural Law-viz rules of evidence re circumstantial evidence iro inferential reasoning.Procedural Law-viz rules of evidence re extra-curial statement iro ...

HB21-13 : THE STATE vs ONASSIS SITHOLE
Ruled By: CHEDA J and CHEDA AJ

7 February 2013 Procedural Law-viz criminal review.Road Traffic Law-viz driving without a licence re section 6 of the Road Traffic Act [Chapter 13:11].Murder-viz ...

HB21-11 : STATE vs NOMPUMELELO MPOFU
Ruled By: MATHONSI J and NDOU J

10 February 2011 Procedural Law-viz criminal review re section 57 of the Magistrates Court Act [Chapter 7:10].Sentencing-viz sentencing approach re warrant of liberation.Theft-viz ...

View Appeal HB21-10 : THE STATE vs LOVENESS MATIONE
Ruled By: CHEDA J

7 May 2010 and 10 June 2010 Procedural Law-viz criminal review.Procedural Law-viz application for discharge re credibility of witnesses.Procedural Law-viz application for discharge re section 198 of ...

HB21-09 : THE STATE vs NDABEZINHLE MOYO AND DALOKUHLE TSHABA
Ruled By: NDOU J and KAMOCHA J

19 February 2009 Criminal Law-viz charge re copyright infringement iro essential elements of offence vis a vis charge sheet.Criminal Law-viz charge re copyright ...

HB201-15 : THE STATE vs ROBERT NYONI
Ruled By: MAKONESE J

8 and 9 October 2015 Indictment-viz guilty plea re limited plea iro the Statement of Agreed Facts.Charge-viz plea of guilty re limited plea iro the ...

HB200-11 : THE STATE vs MUNYARADZI SHAVA
Ruled By: MATHONSI J and MAKONESE J

29 December 2011 Procedural Law-viz criminal review.Sexual Offences-viz aggravated indecent assault re section 66(1)(a) of the Criminal Code [Chapter 9:23].Sentencing-viz aggravated indecent assault.Sentencing-viz ...

HB20-15 : BRAVE JINGURA vs THE STATE
Ruled By: MOYO J

23 December 2014 and 12 February 2015 Sentencing-viz rape.Bail-viz bail pending appeal re the absence of the presumption of innocence.Bail-viz bail appeal.Procedural Law-viz jurisdiction re judicial deference ...

HB20-11 : STATE vs THULANI NCUBE
Ruled By: MATHONSI J and NDOU J

10 FEBRUARY 2011 Sexual Offences-viz rape.Sentencing-viz sentencing approach re juvenile offenders.Sentencing-viz sentencing approach re youthful offenders.Procedural Law-viz criminal review.Procedural Law-viz rules of evidence ...

HB20-10 : SONNY KUZOMUNHU CHASI vs THE STATE
Ruled By: KAMOCHA J

15 October 2009 Bail-viz bail pending appeal.Procedural Law-viz final order re ex tempore judgment.Sentencing-viz fraud.Procedural Law-viz dominus litis status of the State.Procedural Law-viz ...

HB199-11 : ATTORNEY GENERAL vs GILBERT MABUSA and FADZAI DECEMBER and MOLLY CHIMHANDA
Ruled By: MATHONSI J

16 December 2011 Public Order and Security-viz section 25 of the Public Order and Security Act [Chapter 11:17].Sentencing-viz public order and security.Bail-viz revocation ...

HB192-11 : LINCOLYN TENDAI MUBAKI vs THE STATE
Ruled By: MATHONSI J

30 November 2011 and 8 December 2011 Robbery-viz armed robbery re section 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Bail-viz armed robbery.Bail-viz bail pending ...

HB19-17 : THE STATE vs HEROLD MOYO
Ruled By: MAKONESE J and ASSESSORS: HADEBE and MOYO

26 and 27 January 2017 Procedural Law-viz rules of evidence re defences iro self-defence.Procedural Law-viz rules of evidence re defences iro provocation.Procedural Law-viz rules of ...

HB19-16 : THE STATE vs TWOBOY PHIRI
Ruled By: MATHONSI J

2 and 3 February 2016 Sexual Offences-viz rape re section 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Murder-viz section 47 of the ...

HB19-15 : FRANK MPOFU vs THE STATE
Ruled By: MOYO J

24 November 2014 and 12 February 2015 Bail-viz bail pending appeal.Sentencing-viz stock theft.Procedural Law-viz final orders re procedural irregularities iro discretion of the court to condone.Procedural Law-viz ...

HB19-14 : THE STATE vs ALBERT MHONDIWA
Ruled By: MUTEMA J MAKONESE J

27 and 30 January 2014 Procedural Law-viz criminal review.Road Traffic Law-viz driving under the influence of alcohol re section 55(2) of the Road Traffic Act ...

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