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Criminal Cases

HB19-13 : L. M. (JUVENILE) vs THE STATE
Ruled By: NDOU J and CHEDA AJ

22 October 2012 and 7 February 2013 Procedural Law-viz criminal appeal re sentence.Sexual Offences-viz rape re juvenile accused.Sentencing-viz sentencing approach re juvenile offender.Sentencing-viz sentencing approach re juvenile ...

HB19-10 : THANDO DUBE vs THE STATE
Ruled By: CHEDA J and NDOU J

8 February and 20 May 2010 Procedural Law-viz criminal appeal re conviction.Sentencing-viz theft.Theft-viz mens rea to steal.Procedural Law-viz rules of evidence re findings of fact iro ...

HB19-09 : THE STATE vs ANDREA M NGWENYA
Ruled By: NDOU J and CHEDA J

12 February 2009 Criminal Law-viz charge re rape iro senior citizen.Criminal Law-viz verdict re aggravating.Criminal Law-viz verdict re mitigating.

HB188-11 : BENJAMIN MAKETO vs THE STATE
Ruled By: NDOU J and MATHONSI J

14 November and 1 December 2011 Procedural Law-viz criminal appeal re conviction and sentence.Extra-Territorial Jurisdiction Criminal Offences-viz armed robbery.Corruption-viz section 4(a) of the Prevention of Corruption ...

HB185-11 : FUNGAI NATHAN KAHARI vs THE STATE
Ruled By: NDOU J and KAMOCHA J

7 February and 24 November 2011 Procedural Law-viz criminal appeal re conviction and sentence.Sentencing-viz armed robbery.Indictment-viz plea of guilty re section 271(2)(b) of the Criminal Procedure ...

HB184-11 : PISI NDLOVU (nee NXUMALO) vs THE STATE
Ruled By: NDOU J

28 September and 24 November 2011 Bail-viz changed circumstances re fresh facts that were not before the court when it refused bail.Bail-viz murder.Bail-viz flight risk re ...

HB183-11 : THE STATE vs JOYCE MUGOTA and MIKE MARINGE
Ruled By: MATHONSI J

24 November 2011 Procedural Law-viz criminal review.Electricity and Power Cabling Law-viz unlawful possession of copper cables iro section 10 of the Copper Control ...

HB182-13 : THE STATE vs CONRAD SIBANDA and FANUEL NOTSA DUBE and QUIET SIBANDA and MPILOKAMLIMU NCUBE
Ruled By: BERE J

21-23 May 2006; 30 May 2006; 24-25 October 2006; 3-5 July 2007; 11 July 2007; 18 July 2007 and 18 December 2013 Murder-viz murder with actual intent.Procedural Law-viz rules of evidence re evidence of oath iro affidavit.Procedural Law-viz rules of evidence re ...

HB182-11 : FORTUNE NHUMBA SITHOLE vs THE STATE
Ruled By: NDOU J and MATHONSI J

14 and 24 November 2011 Procedural Law-viz criminal appeal re sentence.Extra-Territorial Jurisdiction Criminal Offences-viz theft.Sentencing-viz theft.Sentencing-viz sentencing approach re first offenders.Sentencing-viz sentencing approach re plea ...

HB181-11 : SIFUNDO DUBE vs THE STATE
Ruled By: NDOU J and MATHONSI J

14 and 24 November 2011 Procedural Law-viz criminal appeal re sentence.Sentencing-viz assault.Assault-viz section 89 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Sentencing-viz sentencing ...

HB18-14 : THE STATE vs JECONIA MOYO
Ruled By: KAMOCHA J

16 and 17 January 2014 Murder-viz juvenile accused.Procedural Law-viz rules of evidence re admissions.Procedural Law-viz rules of evidence re confirmed extra curial statement iro the ...

HB18-11 : THE ATTORNEY GENERAL vs ROBERT ALLAN BONNEL and DOUGLAS ZVENYIKA N.O.
Ruled By: MATHONSI J

4 February 2011 and 10 February 2011 Bail-viz immigration law re section 36(1)(b) of the Immigration Act [Chapter 4:02].Bail-viz undermining the authority of or insulting the President ...

HB18-10 : RAMSON MASHONGA vs THE STATE
Ruled By: KAMOCHA J and CHEDA J

1 February and 29 April 2010 Procedural Law-viz criminal appeal.Assault-viz section 89(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Sentencing-viz assault.Procedural Law-viz rules of ...

HB18-09 : THE STATE vs CHRISPEN MOYO
Ruled By: NDOU J

12 January 2009 Criminal Law-viz charge re robbery iro street attack.Criminal Law-viz sentencing re robbery iro street attack.

HB178-16 : THE STATE vs MARTIN MOYO
Ruled By: MOYO J

7 July 2016 Procedural Law-viz criminal review.Receiving Stolen Property-viz section 125 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Procedural Law-viz rules ...

HB178-13 : PEPUKAI CHIKONO vs THE STATE
Ruled By: KAMOCHA J and MAKONESE J

13 May and 19 December 2013 Procedural Law-viz criminal appeal re conviction and sentence.Procedural Law-viz rules of evidence re evidence of identification iro alibi.Sentencing-viz theft.Procedural Law-viz ...

HB178-11 : THE STATE vs MABUTHO MTAMBO and LANGELIHLE MOYO and PHIKISANI NDLOVU
Ruled By: MATHONSI J

15 November 2011 Procedural Law-viz rules of evidence re admissions.Procedural Law-viz rules of evidence re findings of fact iro witness testimony.Procedural Law-viz rules ...

HB177-11 : THE STATE vs WATMORE CHARUMA
Ruled By: CHEDA J and NDOU J

23 November 2011 Procedural Law-viz criminal review.Unlawful Entry-viz section 131 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Unlawful Entry-viz aggravated unlawful ...

HB176-13 : TENDAI JAMES MUKUTE vs THE STATE
Ruled By: MOYO J

2013 Bail-viz bail pending appeal.Sexual Offences-viz rape re section 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Sentencing-viz rape.Bail-viz ...

HB176-11 : BOKANI NCUBE vs THE STATE
Ruled By: MATHONSI J

14 November 2011 and 17 November 2011 Procedural Law-viz criminal appeal re conviction and sentence.Procedural Law-viz criminal appeal re concession of the State that it does not ...

HB175-18 : THE STATE vs STEVEN TSHUMA
Ruled By: MATHONSI J

26 June 2018 Murder-viz section 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Procedural Law-viz rules of evidence re direct evidence ...

HB175-11 : DAVID TEMBO vs THE STATE
Ruled By: KAMOCHA J and MATHONSI J

7 and 10 November 2011 Procedural Law-viz criminal appeal re sentence.Road Traffic Law-viz driving a motor vehicle without a licence in respect of such class ...

HB174-16 : THE STATE vs JACOB MADYAMOTO
Ruled By: MATHONSI J and TAKUVA J

23 June 2016 Procedural Law-viz criminal review.Murder-viz attempted murder re section 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Indictment-viz State ...

HB174-11 : PETER THOMAS ZULU vs THE STATE
Ruled By: KAMOCHA J and MATHONSI J

7 November 2011 and 10 November 2011 Procedural Law-viz criminal appeal re conviction and sentence.Stock Theft-viv section 114 of the Criminal Law (Codification and Reform) Act [Chapter ...

HB173-15 : THE STATE vs PHUMULANI NCUBE
Ruled By: MOYO J

14 July 2015 Indictment-viz guilty plea re limited plea iro Statement of Agreed Facts.Charge-viz plea of guilty re limited plea iro Statement of ...

HB172-11 : CAIN NCUBE vs THE STATE
Ruled By: KAMOCHA J and MATHONSI J

7 November 2011 and 10 November 2011 Procedural Law-viz criminal appeal re sentence.Assault-viz section 89(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Sentencing-viz assault.Procedural Law-viz ...

HB171-16 : THE PROSECUTOR GENERAL OF ZIMBABWE vs ALLAN COURTNEY RORY MUIL
Ruled By: MAKONESE J

20 and 23 June 2016 Procedural Law-viz appeal re leave to appeal iro section 61(b) of the Magistrates Court Act [Chapter 7:10].Procedural Law-viz professional ethics.Procedural ...

HB171-11 : CHIEDZA MAPHOSA vs THE STATE
Ruled By: NDOU J and KAMOCHA J

31 October and 10 November 2011 Procedural Law-viz criminal appeal re conviction.Theft-viz section 113(1)(a)(b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Sentencing-viz theft.Procedural Law-viz ...

HB170-16 : NGQABUTHO MASUKU vs THE STATE
Ruled By: MATHONSI J and MAKONESE J

20 June and 23 June 2016 Procedural Law-viz criminal appeal.Sexual Offences-viz rape re section 65(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Sentencing-viz rape.Procedural ...

HB17-15 : THE STATE vs MANDLENKOSI NCUBE
Ruled By: MOYO J

29 and 30 January 2015 Domestic Violence-viz murder.Procedural Law-viz rules of evidence re unchallenged evidence iro section 314 of the Criminal Procedure and Evidence Act ...

HB169-17 : THE STATE vs EVERTON MOYO
Ruled By: TAKUVA J

1 and 2 June 2017 Murder-viz mob assault re the doctrine of common purpose..Murder-viz multiple assailants re the doctrine of common purpose.Murder-viz the doctrine of ...

HB168-16 : THE STATE vs TRY MUZERENGANI
Ruled By: MOYO J

23 May 2016 Indictment-viz plea of guilty re limited plea iro Statement of Agreed Facts.Charge-viz guilty plea re limited plea iro Statement of ...

HB167-16 : FIDELIS ZENDA vs THE STATE
Ruled By: BERE J and MATHONSI J

13 June and 23 June 2016 Procedural Law-viz criminal appeal.Sentencing-viz rape.Sexual Offences-viz rape.Procedural Law-viz rules of evidence re admissions.Procedural Law-viz rules of evidence re expert evidence ...

HB166-16 : ADMIRE CHIKWAYI vs THE STATE
Ruled By: KAMOCHA J and MAKONESE J

30 July 2015 and 23 June 2016 Procedural Law-viz criminal appeal.Criminal Abuse of Duty as a Public Officer-viz section 174(1) of the Criminal Law (Codification and Reform) ...

HB165-16 : THE STATE vs MUNYARADZI MATUKE
Ruled By: MOYO J

19 May 2016 Indictment-viz plea of guilty re limited plea iro Statement of Agreed Facts.Charge-viz guilty plea re limited plea iro Stated Case ...

HB165-11 : THE STATE vs PETERSON MAURICE ELDERMAN
Ruled By: KAMOCHA J

26 and 27 October 2011 Procedural Law-viz rules of evidence re warned and cautioned statement.Procedural Law-viz rules of evidence re extra-curial statements iro the presumption ...

HB163-16 : DAVISON CHARIRWE vs THE STATE
Ruled By: BERE J and MATHONSI J

13 June 2016 Procedural Law-viz criminal appeal.Theft-viz section 113 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Sentencing-viz theft.Procedural Law-viz appeal re ...

HB163-11 : THE STATE vs BILLY SAMMY
Ruled By: NDOU J and MATHONSI J

24 and 27 October 2011 Procedural Law-viz criminal appeal re conviction and sentence.Armed Robbery-viz carjacking.Sentencing-viz armed robbery re car jacking.Procedural Law-viz rules of evidence re ...

HB162-15 : THE STATE vs NQOBILE NCUBE
Ruled By: MAKONESE J

23 July 2015 Indictment-viz plea of guilty re limited plea iro the Statement of Agreed Facts.Charge-viz guilty plea re limited plea iro the ...

View Appeal HB162-11 : THE STATE vs VUSUMUZI MOYO and KHULEKANI DUMISANI NKOMO
Ruled By: MATHONSI J

20-21 October 2011 and 3 November 2011 Procedural Law-viz rules of evidence re alibi.Procedural Law-viz rules of evidence re admissions iro section 314 of the Criminal Procedure ...

HB161-11 : JAMPION MPANDE vs THE STATE
Ruled By: NDOU J and MATHONSI J

20 June 2011 and 27 October 2011 Procedural Law-viz criminal appeal re conviction and sentence.Sexual Offences-viz rape.Sentencing-viz rape.Procedural Law-viz criminal appeal re unrepresented accused iro application for ...

HB160-10 : BRIGHTEN NKOMO vs THE STATE
Ruled By: CHEDA J

1 December 2010 and 9 December 2010 Bail-viz armed robbery.Bail-viz bail factors re section 117(3)(b) of the Criminal Procedure and Evidence Act [Chapter 9:07].Procedural Law-viz rules ...

HB16-16 : ARNOLD SHAVA vs THE STATE and STORY RUSHAMBWA (N.O.)
Ruled By: MAKONESE J

11 February 2016 Procedural Law-viz criminal review re section 26 of the High Court Act [Chapter 7:06] iro record of proceedings.Unlawful entry-viz section ...

HB16-15 : THE STATE vs ABEL NKOMO
Ruled By: MOYO J

27 and 28 January 2015 Murder-viz section 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Procedural Law-viz rules of evidence re warned and ...

HB16-09 : THE STATE vs TICHAWANDA FAMABI
Ruled By: NDOU J and CHEDA J

7 February, 2009 Criminal law-viz charge re unlawful entry iro premises.Criminal Law-viz sentencing re unlawful entry iro multiple counts.

HB159-16 : HUMBULANI PRINCE MULAUZI vs THE STATE
Ruled By: BERE J and MATHONSI J

13 June and 16 June 2016 Procedural Law-viz criminal appeal.Immigration Violations-viz assisting a person to depart from the country re section 36 of the Immigration Act ...

HB159-10 : THE ATTORNEY GENERAL vs NQOBANI NDLOVU and SIBONGILE MSIPA N.O.
Ruled By: MATHONSI J

25 November 2010 and 2 December 2010 Procedural Law-viz citation re party acting in an official capacity.Publishing or Communicating False Statements Prejudicial to the State- viz section ...

HB158-17 : EDDY RUZIVE vs THE STATE
Ruled By: MATHONSI J and MAKONESE J

12 June 2017 and 15 June 2017 Procedural Law-viz criminal appeal.Assault-viz assaulting a Peace Officer re section 176 of the Criminal Law (Codification and Reform) Act [Chapter ...

HB158-16 : THE STATE vs EMMANUEL MOROSI
Ruled By: MATHONSI J

14 June 2016 Procedural Law-viz rules of evidence re expert evidence iro psychiatric evaluation.Murder-viz defence of diminished mental responsibility re mental disorder iro ...

HB158-10 : NHLANHLA MOYO vs THE STATE
Ruled By: MATHONSI J

26 November 2010 and 2 December 2010 Bail-viz bail pending appeal.Bail-viz bail pending appeal re prospects of success on appeal.Procedural Law-viz concessions by the State re bail ...

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