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Criminal Cases

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 ...

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 ...

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